James F. Murphy and Mike Murphy V. James F. Murphy and Mike Murphy V.

James F. Murphy and Mike Murphy V‪.‬

MO.1258 , 625 S.W.2d 215 (1981)

    • €0.99
    • €0.99

Publisher Description

Plaintiffs sought a deficiency judgment following the foreclosure of a deed of trust on real estate which secured the payment of a promissory note they held. Defendants counterclaimed, seeking to set aside the foreclosure sale. The trial Judge entered judgment in plaintiffs' favor on their petition and denied defendants' counterclaim. Defendants here contend that the trial court erred: 1) in awarding plaintiffs an amount equal to 25% of the unpaid balance of the note as attorney's fees ""BECAUSE SUCH AN ATTORNEY FEE IS UNREASONABLE AND UNCONSCIONABLE IN THAT THE FEE IS CLEARLY EXCESSIVE IN VIEW OF THE TIME AND LABOR INVOLVED, THE DIFFICULTY OF THE QUESTIONS PRESENTED, THE CUSTOMARY CHARGES AND THE AMOUNT INVOLVED"", and 2) ""IN LIMITING DEFENDANTS' EVIDENCE REGARDING COMPARABLE LAND SALES TO THE PERIOD OF MID-JULY TO MID-AUGUST OF 1980 WHEN THE LAND AT ISSUE WAS FORECLOSED ON AUGUST 4, 1980 . . . IN THAT EVIDENCE OF SALES OF PROPERTY SIMILARLY LOCATED TO THAT INVOLVED REASONABLY NEAR THE TIME OF TAKING IS ADMISSIBLE TO SHOW THE INSUFFICIENCY OF THE CONSIDERATION PAID BY PLAINTIFFS FOR THE FORECLOSED REAL ESTATE.""

GENRE
Professional & Technical
RELEASED
1981
24 November
LANGUAGE
EN
English
LENGTH
4
Pages
PUBLISHER
LawApp Publishers
SIZE
60.6
KB

More Books by Missouri Court of Appeals Southern District

State Missouri v. Richard M. Baker State Missouri v. Richard M. Baker
1982
Steve Powell and in-Grid Powell v. Stephen Steve Powell and in-Grid Powell v. Stephen
1982
State Missouri v. Michael David Manis State Missouri v. Michael David Manis
1981
Larry Tennis v. General Motors Corporation Larry Tennis v. General Motors Corporation
1981
William S. Nakao v. Helena M. (Mary R.) William S. Nakao v. Helena M. (Mary R.)
1980
State Missouri v. Glen Eugene Crow and Roy State Missouri v. Glen Eugene Crow and Roy
1980