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COUNTESS v. STRUNK

No. WD 32067.

630 S.W.2d 246 (1982)

Arthur E. COUNTESS and June M. Countess, Plaintiffs-Appellants-Respondents, v. Neal E. STRUNK and Pamela A. Strunk, Respondents-Appellants, v. Elvin MALONEY and Paul Owings, Third-Party Respondents.

Missouri Court of Appeals, Western District.

March 2, 1982.

Attorney(s) appearing for the Case

Tom R. Williams, C. B. Fitzgerald, Warrensburg, for plaintiffs-appellants-respondents.

Mary Ann Young, Holden, for respondents-appellants.

Leonard K. Breon, Warrensburg, for third-party respondent Elvin Maloney.

Andrew J. Gelbach, Warrensburg, for third-party respondent Paul Owings.

Before TURNAGE, P. J., and PRITCHARD and CLARK, JJ.

CLARK, Judge.

Plaintiffs as purchasers of a tract of land brought this action against defendants Strunk, the sellers, contending that Strunks had misrepresented to them permitted commercial use of the property which proved unavailable after the purchase was completed. On this account, plaintiffs sought damages. The petition also asked a declaratory judgment defining permissible uses under the restrictions of a plat dedication...

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