![]() Plaintiff did not move as requested, but she told Boyers (sometime in mid-June 1996) to move her mobile home to property owned by her mother-in-law, Shirley Holmes ("Holmes").īy June 22, 1996, Boyers had put Plaintiff's home on the Holmes property and the set-up work had been started. Soon, however, Boyers sold the mobile home temporarily occupied by Plaintiff and asked Plaintiff to move. According to Plaintiff, no time limit was set on this arrangement. This was on a rent-free basis with utilities provided. Thereon, Boyers allowed Plaintiff to move into a mobile home owned by them until *161 she could get her home moved. Later, in May 1996, when Plaintiff was asked to move from her brother-in-law's property, she was still undecided on a site for her home. Initially, Plaintiff could not decide where to set up her mobile home. ![]() The purchase contract obligated Bluff City to do a "complete set up" of the mobile home. Plaintiff paid $1,500 down, and Bluff City arranged non-recourse financing for Plaintiff with a firm called "Greentree" for the balance of the purchase price. On February 21, 1996, Plaintiff contracted to buy a new mobile home from Bluff City for $29,917.65. #PRINTING CENTER OF TEXAS INC V SUPERMIND TRIAL#We view the evidence in the light most favorable to the trial court's judgment and set forth the facts in that manner. In a third count, Plaintiff alleged that when Boyers put her out of her temporary home, they converted some of Plaintiff's personal property.Īfter a non-jury trial, the court entered a judgment that awarded Plaintiff compensatory damages on Counts I and II and punitive damages only on Count III. Plaintiff claimed she was damaged when Boyers forcibly entered a mobile home (temporarily occupied by her while she was awaiting delivery of her new home) and removed all of Plaintiff's furniture therefrom. Plaintiff's second count, denominated "forcible entry and detainer action," was against Steve and Patty Boyers ("Boyers"), owners, officers, and employees of Bluff City. Plaintiff alleged she immediately rejected the mobile home on delivery because it had been damaged and that Bluff City breached the sales contract when it refused to deliver Plaintiff a replacement mobile home in good condition. ("Bluff City"), for breach of a contract for the sale of a new mobile home (Count I). Cooper ("Plaintiff") sued Bluff City Mobile Homes, Inc. Kennedy, Kennedy, Kennedy & Robbins, Poplar Bluff, for appellants.ĭonald Rhodes, Bloomfield, for respondent.īefore SHRUM, P.J., MONTGOMERY, J., and BARNEY, C.J. Motion for Rehearing and Transfer Denied May 17, 2002. Missouri Court of Appeals, Southern District, Division One. ![]() BLUFF CITY MOBILE HOME SALES, INC., Mid America Homes, Inc., and Steve Boyers and Patty Boyers, Husband and Wife, Defendants-Appellants. ![]()
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