SHOWALTER v. WESTOAK REALTY AND INV.

No. 53031.

741 S.W.2d 681 (1987)

Rudolph R. SHOWALTER and Marianne R. Showalter, Plaintiffs-Appellants, v. WESTOAK REALTY AND INVESTMENT, INC., Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion For Rehearing and/or Transfer Denied November 18, 1987.

Application to Transfer Denied January 20, 1988.


Attorney(s) appearing for the Case

William J. Fletcher, Kirkwood, for plaintiffs-appellants.

James J. Sauter, St. Louis, for defendant-respondent.


REINHARD, Judge.

Plaintiffs appeal after the trial court sustained defendant's motion to dismiss their second amended petition on the grounds that plaintiffs' cause of action in fraud was barred by the statute of limitations. We reverse and remand.

Plaintiffs' second amended petition alleged in one count at least two alternative claims: one for breach of contract and one for fraud in contract, both claims arising out of a settlement agreement, in lieu of foreclosure...

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