Gadberry v. Bird

BOOKER T. SHAW, Judge.

Russell and Jennifer Gadberry (“Buyers”) appeal from the trial court’s judgment in favor of Calvin and LaCrissa Bird d/b/a Bird and Associates (“Broker”). 1 Buyers contend they established, as a matter of law, that Broker unlawfully converted $25,000 of their funds through misappropriation and by refusing to return their funds upon demand. We reverse and remand.

Facts and Procedural History

Buyers attempted to secure a loan to purchase a home in Scott City. They were unable to obtain conventional financing because they were in bankruptcy proceedings. Russell Gadberry…