Eul v. Beard

GARRISON, Judge.

The issue in this case is whether a spouse is liable for the return of earnest money paid under a real estate sales contract signed by her and her late husband, as sellers of property owned by her husband only. We hold that under the circumstances here she is, and reverse the judgment of the trial court.

Wolfgang Eul (“Plaintiff’) entered into a contract to purchase sixteen acres of real estate in Laclede County, Missouri owned by Murrel Beard (“Mr.Beard”). The contract, signed by Mr. Beard and his wife, Lula Beard (“Defendant”) as “Sellers,” provided for a purchase price of…