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HOWARD v. YOUNGMAN

Nos. ED 79283, ED 79302, ED 79303, ED 79710.

81 S.W.3d 101 (2002)

Kenneth HOWARD, Plaintiff/Appellant/Cross-Respondent, v. T. French YOUNGMAN and Beverly A. Youngman, Defendants/Third-Party Plaintiffs/Respondents/Cross-Appellants, Patricia J. Waelter, Defendant/Respondent, Coldwell Banker Ira E. Berry, Inc., Defendant/Respondent, and David Goings, Defendant/Respondent/Cross-Appellant, v. Gordon A. Gundaker Real Estate Co. Inc., Third-Party Defendant/Cross-Respondent, Gordon A. Gundaker, Third-Party Defendant, and Marilyn B. Doorack, Third-Party Defendant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied June 5, 2002.

Application for Transfer Denied August 27, 2002.

Attorney(s) appearing for the Case

W. Stanley Walch, Jeffrey R. Fink, Thompson Coburn LLP, St. Louis, MO, for appellant.

Steven L. Leonard, P.C., Clayton, MO, for respondents/cross-appellants.

Steven M. Cohen, Berger, Cohen & Brandt, L.C., Clayton, MO, for respondents Coldwell Banker, Ira E. Berry, Inc. and Patricia Waelter.

Gregg M. Lemley, Michael E. Franklin, Bryan Cave LLP, St. Louis, MO, for respondent/cross-appellant David Goings.

Paul F. Devine, Vatterott, Shaffar & Dolan, P.C., Maryland Heights, MO, for third-party/cross-respondent Gordon A. Gundaker Real Estate Co.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 5, 2002.

KATHIANNE KNAUP CRANE, Judge.

This appeal involves multiple contract and tort issues arising from the parties' treatment of the waiver provisions of a financing contingency clause in a standard residential real estate contract. Plaintiff contracted to purchase a home from the defendant homeowners but did not timely apply for the loan described in the contingency clause and obtained...

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