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Whispering Oaks Farms, LLC v. Leb. Livestock Auction S& T, LLC

Court of Appeals of Missouri, Southern District, Second Division

June 16, 2015

WHISPERING OAKS FARMS, LLC, Respondent,
v.
LEBANON LIVESTOCK AUCTION S& T, LLC, Appellant

APPEAL FROM THE CIRCUIT COURT OF LACLEDE COUNTY. Honorable Steve Jackson, Judge.

Appellant's attorney: S. Matthew Grayson.

No Respondent's Brief was filed.

DANIEL E. SCOTT, J. NANCY STEFFEN RAHMEYER, J. -- CONCURS. JEFFREY W. BATES, J. -- CONCURS.

OPINION

Page 718

DANIEL E. SCOTT, J.

Appellant (" Auction" ) sold 270 head of cattle, ostensibly to Jim Marshall, who

Page 719

would not pay after the cattle arrived at a Kansas feedlot. By mutual agreement, the feedlot resold the cattle and sent Auction the proceeds, being some $51,000 less than Auction's sale price.

Auction sought to recover this shortfall from Whispering Oaks, to which Auction had paid a commission on the original sale. Auction alleged that Whispering Oaks, not Marshall, had bought the cattle at auction " under the legal theory of liability of an undisclosed agent." The trial court disagreed, finding that Whispering Oaks, the high bidder, then " was operating as a Disclosed Agent of Jim Marshall ...."

Auction appeals. Although its points violate Rule 84.04(d), we consider them ex gratia to the extent we understand the complaints and the briefing errors do not substantially impede our review. DeLong Plumbing Two, Inc. v. 3050 N. Kenwood, LLC, 304 S.W.3d 784, 788 (Mo.App. 2010). Having done so, we deny all points and affirm the judgment.[1]

Principles of Review

We must affirm this court-tried judgment unless it is not supported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law. See Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We are to credit evidence and reasonable inferences that support the judgment; disregard contrary evidence and inferences; and defer to the trial court's determination of contested facts. White v. Director of ...


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