Legal Opinion

Berger v. McBride & Son Builders, Inc.

Missouri Court of Appeals

Decided September 16, 1969No. 33373PublishedCited by 26 opinions

1Opinion of the Court

DOERNER, Commissioner.

This case comes to the writer by a recent reassignment. Plaintiffs, who are husband and wife, brought this action for money had and received to recover the sum of $1650 they paid to defendant as earnest money under a contract for the sale of real estate. Defendants claim a forfeiture because of plaintiffs’ breach of the agreement. A jury was waived, and after a trial the court entered a judgment in favor of plaintiffs, in general terms, for the amount of the deposit, together with interest thereon of $149.40, or a total of $1799.40, from which defendant appeals. We…

Also in this document: Per curiam.

2Cases cited11 opinions

  1. United States Casualty Co. v. KacerSupreme Court of Missouri · 1902
  2. Langdon v. KleemanSupreme Court of Missouri · 1919
  3. Farrar v. MayabbMissouri Court of Appeals · 1959
  4. Biggs v. Modern Woodmen of AmericaSupreme Court of Missouri · 1935
  5. Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940

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3Cited by26 opinions

  1. Lisi v. MarraSupreme Court of Rhode Island · 1981
  2. Howard v. YoungmanMissouri Court of Appeals · 2002
  3. Grand Bissell Towers, Inc. v. Joan Gagnon Enterprises, Inc.Missouri Court of Appeals · 1983
  4. Wooten v. DeMeanMissouri Court of Appeals · 1990
  5. Midwest Petroleum Co. v. American Petrofina, Inc.District Court, E.D. Missouri · 1985

21 more not listed; retrieve them via the Exa API.

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