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SOUTHGATE BANK & TRUST CO. v. AXTELL

No. WD 36876.

710 S.W.2d 247 (1986)

SOUTHGATE BANK & TRUST COMPANY, Respondent, v. Enos A. AXTELL, Sr. and Sophronia M. Axtell, Appellants.

Missouri Court of Appeals, Western District.

March 11, 1986.

Attorney(s) appearing for the Case

Paul H. Niewald, Danna F. Brabender, Niewald, Waldeck, Norris & Brown, Kansas City, for appellants.

James F. Davis, Leland H. Corley, Brown, Koralchik & Fingersh, Overland Park, for respondent.

Before TURNAGE, P.J., and DIXON and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

Southgate Bank & Trust Company ("Southgate") brought suit against Enos Axtell and his wife ("Axtell") for a deficiency on a note executed by the Axtells to Southgate. Southgate obtained summary judgment and the Axtells appeal.

The relationship between the parties is complex as it involves extensive business dealings as well as two lawsuits. To understand Axtell's points on appeal the following factual and procedural history is in order...

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