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LANKHEIT v. ESTATE OF SCHERER

Nos. 16955, 16956.

811 S.W.2d 853 (1991)

Joseph LANKHEIT, d/b/a Harper-Lankheit Motor Company, Claimant-Appellant, v. ESTATE OF Evelyn SCHERER, Defendant-Respondent. Joseph LANKHEIT, d/b/a Harper-Lankheit Motor Company, Plaintiff-Appellant, v. Joseph F. SCHERER, Individually, and Joseph F. Scherer, Personal Representative of the Estate of Evelyn Scherer, Deceased, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

June 28, 1991.

Attorney(s) appearing for the Case

Phillip J. Barkett, Jr., Dempster, Barkett & McClellan, Sikeston, for claimant-appellant.

Lawrence E. Wanner, Dexter, for defendants-respondents.

FLANIGAN, Chief Judge.

On January 10, 1989, appellant Lankheit sold, on credit, a new 1988 Plymouth automobile to Joe Scherer. Evelyn Scherer, Joe's mother, was a co-signer with him on the "Retail Installment Contract and Security Agreement," (the contract), executed on that date. The contract included an installment note in the principal amount of $19,522.80, payable in 59 monthly installments of $325.38, beginning February 9, 1989. On June 23, 1989, Evelyn Scherer...

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