TIMMONS v. BENDER

No. WD 31108.

601 S.W.2d 688 (1980)

Ronald L. and Betty J. TIMMONS, Appellants, v. William M. BENDER and Ruby C. Bender and Fred Painter & Co., Respondents.

Missouri Court of Appeals, Western District.

July 8, 1980.


Attorney(s) appearing for the Case

Martin M. Montemore, Timothy H. Bosler, Liberty, for appellants.

C. David Whipple, Julie Lynn Fry, Whipple, Eisler & Kraft, Kansas City, for Benders.

William D. Adkins, Adkins & Capps Law Firm, Liberty, for Fred Painter & Co.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.


SHANGLER, Judge.

The plaintiffs Timmons sued for actual and punitive damages for fraud in a real estate transaction. The defendants Bender as sellers and the defendant Painter as broker move for summary judgment on the ground that the plaintiffs had elected the remedy of rescission. The court entered summary judgment on the petition and the plaintiffs appeal.

The motion for judgment was heard by the court on arguments and evidence. The defendants presented...

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