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APPERSON v. HERX

No. WD 41138.

772 S.W.2d 17 (1989)

Larry L. APPERSON and Wilma L. Apperson, Respondents, v. Thomas J. HERX and Nancy A. Herx, Appellants.

Missouri Court of Appeals, Western District.

June 20, 1989.

Attorney(s) appearing for the Case

David T. Welch, Phillips, McElyea, Walker & Carpenter, P.C., Camdenton, for appellants.

James A. Grantham, Tuscumbia, for respondents.

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

TURNAGE, Presiding Judge.

Larry L. Apperson and Wilma L. Apperson sued Thomas J. Herx and Nancy A. Herx on a promissory note. The Herxs filed a counterclaim to reform the note. After a bench trial the court entered judgment in favor of the Appersons on the note and refused to reform the note. The Herxs appeal only the judgment finding in favor of Appersons for $9,000, the principal sum of the note. The Herxs contend the Appersons were not the real party in interest...

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