MILES HOMES DIV. OF INSILCO CORP. v. FIRST STATE BANK OF JOPLIN

No. 16075.

782 S.W.2d 798 (1990)

MILES HOMES DIVISION OF INSILCO CORPORATION, Plaintiff-Respondent, v. FIRST STATE BANK OF JOPLIN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

January 4, 1990.


Attorney(s) appearing for the Case

Kendall R. McPhail, Lowther, Johnson, Lowther, Cully & Housley, Springfield, for plaintiff-respondent.

Karl W. Blanchard, Blanchard, Van Fleet, Martin, Robertson & Dermott, Joplin, for defendant-appellant.


MAUS, Judge.

The plaintiff in this case is the mortgagee in a second deed of trust. The defendant is the named mortgagee in an underlying first deed of trust. The plaintiff seeks to recover by reason of the defendant's breach of a commitment to notify the plaintiff of the foreclosure of the first deed of trust. In a jury-waived trial, the court entered judgment for the plaintiff in the amount of $22,375.00. The defendant appeals.

The designation of the parties...

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