Burkhart v. Graven Realty, Inc.

MAUS, Chief Judge.

This action originated in a petition by which the plaintiffs sought to recover actual and punitive damages by reason of the defendant’s conversion of the check of a third party payable to the plaintiffs and the defendant. As a foundation for that recovery the petition in substance alleged that: plaintiffs Burkhart gave plaintiff Smith the exclusive right to sell property owned by them; plaintiff Smith sold that property; the lending agency involved issued its check páyable to the four parties for $12,250 which was the commission due plaintiff Smith; the defendant had no…