Burkhart v. Graven Realty, Inc.

MAUS, Judge.

In this action, plaintiff Bob Smith initially recovered a judgment against defendant Graven Realty, Inc. (Graven) for $12,250. Upon appeal to this court, that judgment was reversed. Defendant Graven now appeals from the denial of its “Motion for Restitution.” A detailed statement of the factual background may be found in Burkhart v. Graven Realty, Inc., 639 S.W.2d 217 (Mo.App.1982). However, for the disposition of the present appeal, the following summary is sufficient.

Plaintiffs Burkhart listed a tract of real property for sale with broker plaintiff Smith. Later, Graven…