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FOLLMAN PROPERTIES v. JOHN HENRY FOSTER CO.

No. 64032.

872 S.W.2d 499 (1994)

FOLLMAN PROPERTIES COMPANY, Plaintiff/Respondent, v. JOHN HENRY FOSTER COMPANY OF ST. LOUIS, INC., et al., Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied March 9, 1994.

Application to Transfer Denied April 26, 1994.

Attorney(s) appearing for the Case

Peter T. Sadowski, Henry F. Luepke, St. Louis, for defendants-appellants.

Darold E. Crotzer, Jr., Clayton, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 9, 1994.

GRIMM, Presiding Judge.

Plaintiff brought suit against defendant1 for the balance of its commission due under an exclusive agency agreement between them. Defendant counterclaimed for breach of contract, fraud, slander of title, and breach of fiduciary duty.

On cross motions for summary judgment, the trial court granted plaintiff judgment on: (1...

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