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eBook details

• Title: Maurice S. Kingsley v. Albert J. Burack
• Author : Supreme Court of Missouri En Banc
• Release Date : January 14, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Plaintiff-appellant's action was dismissed by the trial court for failure to join a necessary party and an appeal was taken to the Missouri court of appeals, St. Louis district, where, by opinion, the order of dismissal was affirmed. On application of appellant, the case was transferred here by order of this court because the circuit court's ruling and the court of appeals opinion presented a serious challenge to the scope of S. Ct. Rule 52.04, 1 as amended effective December 1, 1972. Art. V, sec. 9, Mo. Const. 1945, as amended. S.Ct. Rule 83.03. On September 20, 1973, plaintiff-appellant (hereinafter plaintiff) sued defendants alleging plaintiff was the owner of a one-half interest in an apartment complex; that plaintiff entered into an oral contract with his co-owner (unnamed) whereby each co-owner was to supply fifty percent of the purchase price of the complex and each was to receive fifty percent of the rents and profits therefrom; that in June 1973 defendants Buracks, individually and as agents of the Alson Real Estate Co., knowingly and wilfully represented to the tenants of the apartments that they were the authorized managers of the apartments knowing the same to be false, and pursuant to such misrepresentations collected rents from the tenants and deposited same to tMe account of Alson, which money was due to plaintiff; that plaintiff demanded the defendants cease the misrepresentation and remit to plaintiff fifty percent of the rents collected but defendants have wilfully refused to do so; that since June 1973 to date of suit, plaintiff was damaged in the sum of $3,000 per month. Plaintiff prayed judgment for $12,000 plus $3,000 per month from October 1973 until defendants ceased the false representation and punitive damages of $50,000 against each defendant.

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