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OSTERBERGER v. HITES CONST. CO.

No. 39998.

599 S.W.2d 221 (1980)

Thomas J. OSTERBERGER and Janet Osterberger, Plaintiffs-Respondents, v. HITES CONSTRUCTION COMPANY, Eugene F. Hites and Patricia S. Hites, Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

April 29, 1980.

Attorney(s) appearing for the Case

Eugene E. Eimer, St. Louis, for defendants-appellants.

Pannell, Dodson & Robinson by Kurt D. Breeze, Festus, for plaintiffs-respondents.

SATZ, Judge.

This is an equitable action for rescission on direct appeal.

Plaintiffs, Thomas and Janet Osterberger, sued defendants, Hites Construction Company, and Eugene F. Hites and Patricia Hites, individually, alleging that defendants fraudulently concealed from plaintiffs the existence of an outstanding deed of trust on a house which was sold and conveyed to plaintiffs by defendants. In their prayer for relief, plaintiffs requested rescission of the...

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