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ELMORE v. WHORTON

No. 11199.

581 S.W.2d 950 (1979)

Bob ELMORE, d/b/a Bob's Real Estate, Plaintiff-Appellant, v. James WHORTON, Individually and as agent for Robert Leonard, d/b/a the R. Leonard Company, Robert Leonard, d/b/a the R. Leonard Company, John Huff, Individually and as agent for Ernest Woodall, d/b/a Republic Continental Real Estate Company, and Ernest Woodall, d/b/a Continental Real Estate Company, Defendants-Respondents.

Missouri Court of Appeals, Southern District, En Banc.

May 23, 1979.

Attorney(s) appearing for the Case

No appearance for plaintiff-appellant.

Gerald H. Lowther, Lowther, Johnson & Baird, Springfield, for defendants-respondents.

PER CURIAM:

Plaintiff sued defendants for what he alleged was his share of a previously paid real estate broker's commission. Defendants answered and counterclaimed for actual and punitive damages for "illegal, improper, and perverted use of the process." The jury returned verdicts in favor of defendants on plaintiff's petition and awarded defendants $1,000 actual damages on their counterclaim. Subsequent to the filing of plaintiff's post-trial motion and in consideration...

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