McDermott v. Burpo

LOWENSTEIN, Judge.

In this court tried case, where both sides have appealed, the standard of review is under the oft-stated rule in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976) and Rule 73.01. Review of the facts in this equitable action is in a light most favorable to the result reached. Schimmer v. H.W. Freeman Construction Co., Inc., 643 S.W.2d 621, 622 (Mo.App.1982). In an attempt to bring some clarity to the matter, the plaintiffs below, McDermott and Clay, will be referred to as the Buyers, and the defendants, the Burpos and Haskins, will be designated as the Sellers.

The Buyers…