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TRAPP v. BARLEY

No. 19280.

897 S.W.2d 159 (1995)

Elmer TRAPP and Marie Trapp, Plaintiffs-Appellants, v. Dennis L. BARLEY and Cheryl L. Barley and Darrell L. Barley and Marjorie M. Barley, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

April 6, 1995.

Attorney(s) appearing for the Case

Robert P. Warden, Joplin, for plaintiffs-appellants.

Stephen P. Carlton, Carthage, for defendants-respondents.

SHRUM, Chief Judge.

Elmer and Marie Anne Trapp (Plaintiffs) sued Dennis L. and Cheryl L. Barley, his wife, and Darrell L. and Marjorie M. Barley, his wife (Defendants), for return of an earnest money payment made by Plaintiffs as part of a real estate sales contract.1 Plaintiffs claim that the contract was "impliedly contingent" upon the sale of their Chicago home as that was necessary for them to qualify for financing. Therefore, Plaintiffs...

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