Homer Oshia and Rose Mary Oshia v. E. A. Book Reviews

Homer Oshia and Rose Mary Oshia v. E. A. by Supreme Court of Missouri Division 2 Book Summary

This is an action by Homer and Rose Oshia to recover $1500.00 actual damages and $25,000.00 punitive damages for fraud in connection with a note executed by plaintiffs in the sum of $3423.16. Particularly, the alleged fraud relates to the application of monthly payments of $38.49 on the note, first to interest due rather than to principal thereby obligating plaintiffs to pay a higher amount for a clubhouse than the parties bargained for. In the beginning the defendants were E.A. Strout Realty Agency, Inc., d/b/a Strout Realty, Inc., the Amron Investment Corporation and Otis and Lucille Littles, the individuals, allegedly, being agents of the other defendants. The suit was commenced in the Circuit Court of the City of St. Louis. There was no service of process on the Littles, residents of Farmington, St. Francois County. The trial court sustained a motion to dismiss for lack of jurisdiction as to Amron Investment and there is no appeal from that order. And finally, the court sustained strout's motion to dismiss plaintiffs' petition for failure to state a cause of action for fraud and the plaintiffs have appealed from the judgment finally entered against them as to Strout. The Oshias' petition alleges that in June 1961 they entered into negotiations with Otis Littles, agent for the defendants, for the purchase of a clubhouse to be erected on their lot on Potosi Lake. Littles, they say, represented to them that he would have a clubhouse constructed for them at a cost of $2170.00, financed over a period of seven years by payments of $38.49 a month and that the entire cost of construction, including finance charges and interest, would be $3423.16. Relying on these representations construction of the clubhouse was started and on August 11, 1961, the Oshias signed a promissory note in the amount of $3423.16 and started making monthly payments. But plaintiffs allege that contrary to the oral agreement of the parties the note provided for payment ""at 6% per annum with the monthly installments to be applied first in payment of interest due on the unpaid principal and the remainder in reduction of the principal so that, in effect, the plaintiffs were obligated to pay a higher price for the clubhouse than was bargained for by the plaintiffs."" The plaintiffs allege that they ""were ignorant of the legal significance of the note"" and were led to believe that it corresponded with their original agreement. And finally they allege that the representations were ""deliberately and maliciously"" made and so in addition to $1500.00 actual damages they prayed punitive damages of $25,000.00.

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