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KEARNEY COMMERCIAL BANK v. POPEJOY

No. WD 61757.

119 S.W.3d 143 (2003)

KEARNEY COMMERCIAL BANK, Respondent, v. Donald Leslie POPEJOY, Jr., et al., Lana L. Popejoy, Appellants, Marty Lane Popejoy and PK & M Associates, Inc., Kimberly K. Popejoy, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 28, 2003.

Application for Transfer Denied November 25, 2003.

Attorney(s) appearing for the Case

Robert H. Dunsford, Kansas City, MO, Attorney for Donald and Lana Popejoy.

John R. Cleary, Kansas City, MO, Attorney for Kearney Commercial Bank.

Harley K. Desselle, Independence, MO, Attorney for Marty and Kimberly Popejoy and PK & M Associates.

Before LOWENSTEIN, P.J., SMART and EDWIN H. SMITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 28, 2003.

HAROLD L. LOWENSTEIN, Judge.

The issue in this appeal is one of first impression: Does the remedy of promissory estoppel, Section 90 of the Restatement (Second) of Contracts (1981), come to the aid of a lender in its suit to quiet title of realty proffered as collateral for a loan where the lender asserts a post-loan reliance on the oral, and later discovered unfilled promise made...

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