Helena Shockley v. Harry Sander Realty

The origin of this litigation was a lawsuit filed by Frank W. Shockley against Harry A. Sander Realty Company, a corporation, seeking to recover $25,565.50 for plumbing services. On September 1, 1981 a judgment was entered against Harry A. Sander Realty Company for the full amount of the claim plus interest in the amount of $12,071.64, a total judgment of $37,637.14. After an execution was returned nulla bona Shockley filed a second lawsuit against Harry A. Sander individually and Middlewest Realty, Inc., (Middlewest) to recover for the value of his plumbing services from these defendants. He alleged in that action Harry A. Sander Realty Company was a subterfuge and alter ego of the two named defendants. Because that action was filed more than five years after the performance of the services, it was dismissed as barred by the statute of limitations. We affirmed that dismissal. Shockley v. Sander, 720 S.W.2d 418 (Mo. App. 1986) In that opinion, authored by the Honorable John J. Kelly, the evidence regarding the relationship between Sander, Middlewest Realty (and its predecessor corporation H.A.S Investments, Inc.) and Harry A. Sander Realty Company is set forth as follows: