Misskelly v. Rogers

BERREY, Judge.

Defendants, George and Flora Rogers, appeal from a judgment in a court-tried case awarding plaintiffs, Turner and Beatrice Misskelly, damages of $10,000 on their fraudulent misrepresentation claim and an additional $1,500 for attorney fees. Reversed.

In a court-tried case when the judgment is supported by substantial evidence, this court ordinarily is bound by the trial court’s findings of fact, Murphy v. Car-ron, 536 S.W.2d 30, 32 (Mo. banc 1976); Southgate Bank and Trust Co. v. May, 696 S.W.2d 515, 519 (Mo.App.1985), and they are as follows:

1. That defendant George R. Rogers…