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FRIEBERGER v. LAWYERS TITLE CO.

No. 59498.

831 S.W.2d 731 (1992)

M. David FRIEBERGER and Susan M. Frieberger, Plaintiffs/Respondents, v. LAWYERS TITLE COMPANY OF MISSOURI, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied June 3, 1992.

Application to Transfer Denied July 21, 1992.

Attorney(s) appearing for the Case

Daniel P. Card, II, James B. Ashwell, Clayton, for defendant, appellant.

Susan M. Hais, Theresa Counts Burke, St. Louis, for plaintiffs, respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 3, 1992.

GRIMM, Presiding Judge.

In this jury-tried case, defendant Lawyers Title Company of Missouri appeals the trial court's judgment awarding plaintiffs/homeowners $95,000.00 for its alleged breach of an escrow agreement. On appeal, Lawyers Title claims (1) the agreement was unambiguous and (2) that under the agreement, it did not owe a duty to homeowners to ascertain that the construction...

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