Century 21 Al Burack Realtors v. Zigler

CRIST, Judge.

Century 21 Al Burack Realtors (petitioner) initiated this interpleader action, alleging that both the prospective sellers and prospective purchasers of real property in St. Louis County claimed earnest money deposited with petitioner pursuant to the contract of sale. The prospective purchasers, Bruce A. Sleet, Jr., and Althea Haskins (hereafter purchasers), appeal from the judgment entered for the prospective sellers, Louis and Betty Zigler (hereafter sellers), the sole question being whether the purchasers may prevail on a claim they failed to plead, though evidence in support…