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NOCHTA v. DOANE AGR. SERV. INC.

No. 43573.

622 S.W.2d 6 (1981)

Ray NOCHTA and Sharon Nochta, Plaintiffs-Appellants, v. DOANE AGRICULTURAL SERVICE, INC., Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 21, 1981.

Attorney(s) appearing for the Case

Everett S. Van Matre, Van Matre & Van Matre, Mexico, for defendant-respondent.

Bradford A. Brett, Brett & Erdel, Mexico, for plaintiffs-appellants.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 21, 1981.

CLEMENS, Senior Judge.

Plaintiffs contracted to sell their farm. They now seek to recover the prospective buyer's down payment, originally held in escrow by defendant-agent Doane. By its summary judgment the court denied recovery. This, because the sales contract entitled the prospective buyer to have his down payment refunded if he could not get specific funds for the purchase...

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