SMITH v. WORSHAM

No. 10131.

552 S.W.2d 367 (1977)

Mancil SMITH, Plaintiff-Respondent, v. Donald D. WORSHAM, Defendant-Appellant, and Ethel Sutherland, Defendant.

Missouri Court of Appeals, Springfield District.

June 1, 1977.


Attorney(s) appearing for the Case

John Alpers, Jr., Cabool, for defendant-appellant.

Albert F. Turner, Mountain Grove, G. Michael Baker, Springfield, for plaintiff-respondent.


HOGAN, Judge.

In this declaratory judgment action plaintiff Mancil Smith sought construction of a contract for the sale of real estate and an adjudication of the parties' interest in and right to a $5,000 payment made by defendant Worsham upon signing the contract. The cause was tried without a jury. The trial court found and declared that the contract in issue was valid, that defendant Worsham was bound thereby, and that plaintiff and defendant Ethel Sutherland were...

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