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AREND v. GREAT SOUTHERN SAV. AND LOAN ASS'N

No. 11763.

611 S.W.2d 381 (1981)

James R. AREND, Plaintiff-Appellant, v. GREAT SOUTHERN SAVINGS AND LOAN ASSOCIATION, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

January 19, 1981.

Attorney(s) appearing for the Case

Peter H. Rea, Branson, for plaintiff-appellant.

Richard Martin, Gainesville, B. H. Clampett, William A. R. Dalton, Springfield, Daniel, Clampett, Rittershouse, Dalton & Powell, Springfield (on brief), O. J. Taylor, Taylor, Stafford, Gannaway & Woody, Springfield, for defendant-respondent.

TITUS, Judge.

Claiming the balance of a $125,000 commercial loan made by it to plaintiff et alii had been prepaid, defendant charged and collected from plaintiff the prepayment penalty of $2,264.71. Plaintiff brought the present action to recover the prepayment penalty. When the trial court rendered judgment in favor of defendant, plaintiff appealed.

Plaintiff et uxor and Wagner et uxor signed the first mortgage promissory note in question which was payable...

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