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SHELL v. SHELL

No. WD 30899.

605 S.W.2d 185 (1980)

Kenneth SHELL and Dorothy Shell, Plaintiffs-Appellants, v. Raymond SHELL and Dorothy Farrell, as Co-executors of the Estate of Purl D. Shell, Raymond Shell and Dorothy Farrell, as Individuals, Benjamin Farrell, Jr. and Nancy L. Farrell, Nodaway Valley Bank of Maryville, Missouri, Carl Graham, Ed Brown and Ambrose Berg, Defendants-Respondents, v. Ada Mae NELSON, Helen Rice, Bonnie Lee Heriford, Danny James Shell, Kirby Shell, Dinah Shell Gaa, Rudy Shell (Deceased, by Eldon H. Asbell, Administrator of the Estate of Rudy Shell), and Dixie Shell Barber (Michael), Third-Party Defendants-Respondents.

Missouri Court of Appeals, Western District.

September 2, 1980.

Attorney(s) appearing for the Case

Frank H. Strong, Roger M. Prokes, Maryville, for plaintiffs-appellants.

W. H. Utz, Jr., Frank Thackery, St. Joseph, for defendants-respondents Raymond Shell and Dorothy Farrell, as Co-Executors of the Estate of Purl D. Shell and as Individuals.

Larry L. Zahnd, Maryville, for defendants-respondents Nodaway Valley Bank, Carl Graham, Ed Brown, Ambrose Berg.

J. Nelson Happy, Kansas City, for third-party defendants-respondents Ada Mae Nelson and Bonnie Lee Hertford.

John H. Fraze, Maryville, for third-party defendant-respondent Eldon H. Asbell, Adm. of the estate of Rudy Shell.

James W. Whan, Maryville, for defendants-respondents Benjamin Farrell and Nancy L. Farrell.

Before CLARK, P. J., and DIXON and SOMERVILLE, JJ.

CLARK, Presiding Judge.

In this multiple-party, multiple-claim action arising out of a real estate contract for the sale of farm property, three counts of plaintiffs' five-count petition were severed for separate trial to the court. The judgment was adverse to plaintiffs' contentions that reformation and other relief be granted them and, after designation of that judgment under Rule 81.06 as final for purposes of appeal, plaintiffs now contend error in the result...

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