GREAT SOUTHERN SAV. & LOAN v. JEFFERSON PROP.

Nos. 12984, 12996.

661 S.W.2d 68 (1983)

GREAT SOUTHERN SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellant-Respondent, v. JEFFERSON PROPERTIES, INC., Defendant-Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

November 22, 1983.


Attorney(s) appearing for the Case

John R. Lewis, Springfield, for defendant-respondent-appellant.

O.J. Taylor, Taylor, Stafford & Woody, Springfield, for plaintiff-appellant-respondent.


PER CURIAM.

This case centers around the right of the plaintiff to enforce the Prepayment Penalty Clause of a monthly installment note. The decisive factors will be succinctly stated.

The note contained a "due on sale" provision permitting the plaintiff to accelerate the maturity of the note upon the sale of the property by which it was secured. Through mesne conveyances, that property was acquired by the defendant. The property had been sold. By its letter...

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