Legal Opinion

Kearney Commercial Bank v. Popejoy

Missouri Court of Appeals

Decided September 9, 2003No. WD 61757PublishedCited by 13 opinions

1Opinion of the Court

HAROLD L. LOWENSTEIN, Judge.

The issue in this appeal is one of first impression: Does the remedy of promissory estoppel, Section 90 of the Restatement (Second) of Contracts (1981), come to the aid of a lender in its suit to quiet title of realty proffered as collateral for a loan where the lender asserts a post-loan reliance on the oral, and later discovered unfilled promise made by one of the joint tenants of the property to convey his undivided interest to the other joint tenant (his brother) who vouches to the lender that he and his assignee as being the sole holder of fee simple title?

Dona…

2Cases cited15 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. State v. BreazealeWashington Supreme Court · 2001
  3. Hanson v. NealSupreme Court of Missouri · 1908
  4. Bulman v. Safeway, Inc.Washington Supreme Court · 2001
  5. Simpson Consulting, Inc. v. Barclays Bank PLCCourt of Appeals of Georgia · 1997

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3Cited by13 opinions

  1. City of St. Joseph, Missouri v. Southwestern Bell Telephone, Formerly Known as Southwestern Bell Telephone Company, L.P., Olsson Associates, Inc.Court of Appeals for the Eighth Circuit · 2006
  2. Salau v. DentonDistrict Court, W.D. Missouri · 2015
  3. Jackson v. CannonMissouri Court of Appeals · 2004
  4. Executone of Columbus, Inc. v. Inter-Tel, Inc.District Court, S.D. Ohio · 2009
  5. 1861 Group, LLC v. Wild Oats Markets, Inc.District Court, E.D. Missouri · 2010

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

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