(DOWNLOAD) "James F. Murphy and Mike Murphy V." by Missouri Court of Appeals Southern District * Book PDF Kindle ePub Free
eBook details
- Title: James F. Murphy and Mike Murphy V.
- Author : Missouri Court of Appeals Southern District
- Release Date : January 24, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
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.""
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