EXECUTIVE HILLS HOME BUILDERS, INC. v. WHITLEY

No. WD 41271.

770 S.W.2d 507 (1989)

EXECUTIVE HILLS HOME BUILDERS, INC., Respondent, v. Nanci M. WHITLEY, Appellant.

Missouri Court of Appeals, Western District.

May 23, 1989.


Attorney(s) appearing for the Case

J.D. Williamson, Jr., Independence, for appellant.

S. Preston Williams and Thomas E. Barzee, Jr., Williams and Barzee, North Kansas City, for respondent.

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


CLARK, Judge.

Appellant, Nanci M. Whitley, was sued by respondent, Executive Hills Home Builders, Inc., on a promissory note for $55,000.00. On motion by respondent, the trial court entered summary judgment against appellant. The issue on this appeal is whether the note, otherwise payable in installments, was accelerated and became fully due pursuant to a "due on sale" clause.

On May 19, 1986, Whitley signed two promissory notes, the first to First Savings...

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