(DOWNLOAD) "St. Louis County v. Taylor-Morley" by Eastern District, Division Two Court of Appeals of Missouri " Book PDF Kindle ePub Free
eBook details
- Title: St. Louis County v. Taylor-Morley
- Author : Eastern District, Division Two Court of Appeals of Missouri
- Release Date : January 04, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Defendant, Taylor-Morley, Inc. (Taylor-Morley), appeals from the judgment of the trial court, entered in a court-tried case, in favor of defendant, Dennis C. Green (Green), on Green's cross-claim against Taylor-Morley in an action brought by plaintiff, St. Louis County, against both defendants. We affirm. Appellate review of a court-tried case is governed by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo.banc 1976). The evidence established that Green contracted with Taylor-Morley in September 1988 for the purchase of real property known as 12725 Bennington Common Lane (residence), which was located in an unincorporated area of St. Louis County. The sales contract provided that the rear exterior walls of the basement and first floor of the residence be extended four feet. These extensions constituted modifications of the model which Taylor-Morley offered for sale and also deviations from the master plan on file with and approved by St. Louis County (County). Prior to constructing the residence with the modifications, however, Taylor-Morley did not file amended plans with the County or obtain County approval for the changes to the master plan. Green closed on the purchase of the residence in March 1989, paying a total of $129,215.00.