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HERNANDEZ v. WESTOAK REALTY & INV., INC.

No. 53922.

771 S.W.2d 876 (1989)

Guadalupe HERNANDEZ and Wilma Hernandez, his wife, Plaintiffs/Appellants, v. WESTOAK REALTY & INVESTMENT, INC., Defendant/Respondent. Guadalupe HERNANDEZ and Wilma Hernandez, his wife, Plaintiffs/Respondents, and Cross-Appellants, v. CUSTOM BUILDERS CORPORATION, Defendant/Appellant, and Cross-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

May 30, 1989.

Attorney(s) appearing for the Case

Clinton B. Roberts, Geoffrey L. Pratte, Farmington, for Guadalupe and Wilma Hernandez.

David L. Colson, Thomas L. Ray, Jr., Farmington, for Westoak & Custom Builders.

SATZ, Judge.

Seventeen years ago, plaintiffs, Guadalupe and Wilma Hernandez (Hernandezes), contracted with defendant Custom Builders Corporation (Custom Builders) for Custom Builders to build the Hernandezes the "shell of a home". The Hernandezes financed the construction loan for the shell by executing a promissory note to defendant Westoak Realty and Investment, Inc. (Westoak), secured by a deed of trust on the land on which the shell was to be built. These transactions...

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