Legal Opinion

Kells v. Missouri Mountain Properties, Inc.

Missouri Court of Appeals

Decided March 10, 2008No. 28364PublishedCited by 19 opinions

1Opinion of the Court

DON E. BURRELL, Judge.

This action arises from a breach of contract claim brought by Thomas M. Kells (Kells) against Missouri Mountain Properties, Inc., Charles Aultman (Aultman), Citizens National Bank (Citizens Bank), and Leland L. Gannaway (Gannaway) (collectively Citizens). Kells alleged that Citizens Bank and Gannaway had not properly disbursed the proceeds of a foreclosure sale as required by certain deeds of trust and a subsequent written agreement. The trial court denied Kells’ claim and he now appeals.

Standard of Review

This case was tried to the court without a jury. The standard of…

2Cases cited17 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. J. E. Hathman, Inc. v. Sigma Alpha Epsilon Club of ColumbiaSupreme Court of Missouri · 1973
  3. Alack v. Vic Tanny International of Missouri, Inc.Supreme Court of Missouri · 1996
  4. Malan Realty Investors, Inc. v. HarrisSupreme Court of Missouri · 1997
  5. Graham v. GoodmanSupreme Court of Missouri · 1993

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

3Cited by19 opinions

  1. Ferguson v. StateMissouri Court of Appeals · 2010
  2. Arch Insurance Co. v. Progressive Casualty Insurance Co.Missouri Court of Appeals · 2009
  3. Sparks v. SparksMissouri Court of Appeals · 2013
  4. Arvest Bank v. Cook ex rel. Russell L. Cook Revocable Trust (In re Cook)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2014
  5. Anglin Family Investments v. HobbsMissouri Court of Appeals · 2012

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

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