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McCLAIN v. HARTLEY

No. ED 93184.

320 S.W.3d 183 (2010)

Amber M. McCLAIN, f/k/a Amber M. Burke, and Roy A. Dillon, Respondents, v. Gary Michael HARTLEY, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

August 31, 2010.

Attorney(s) appearing for the Case

William W. Cheeseman , Noelle I. Cheeseman , Mark A. Kragel , Troy, MO, for Appellant.

Dwayne A. Johnson , St. Peters, MO, Respondents.

ROY L. RICHTER, Chief Judge.

Gary Hartley ("Seller") appeals the trial court's decision to award damages to Amber McClain and Roy Dillon (collectively, "Buyers"). We reverse and remand.

I. BACKGROUND

Seller owned real estate ("the Property") on which a permanently affixed mobile home was located. People's Bank and Trust ("the Bank") held a deed of trust on the property. In March 2005, Buyers executed a contract with Seller to purchase the Property...

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