Maynard v. Bazazzadegan

732 S.W.2d 950, 1987 Mo. App. LEXIS 4348
CourtMissouri Court of Appeals
DecidedJuly 8, 1987
DocketNo. 14639
StatusPublished
Cited by4 cases

This text of 732 S.W.2d 950 (Maynard v. Bazazzadegan) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maynard v. Bazazzadegan, 732 S.W.2d 950, 1987 Mo. App. LEXIS 4348 (Mo. Ct. App. 1987).

Opinion

CROW, Chief Judge.

Jeffrey Dean Maynard and Julie Etta Maynard sued Mohammad (Mike) Bazazza-degan and Julia Elaine Bazazzadegan for breach of a contract wherein the Bazazza-degans agreed to purchase a house and lot owned by the Maynards. The Bazazzade-gans counterclaimed. The trial court, hearing the case without a jury, entered judgment in favor of the Bazazzadegans on the Maynards’ petition, and in favor of the Maynards on the Bazazzadegans’ counterclaim. The Maynards appeal; the Bazazza-degans do not.

In our review, we accept as true the evidence and permissible inferences which may be drawn therefrom favorable to the prevailing party, and we disregard evidence [951]*951to the contrary. Mills v. Cameron Mutual Insurance Co., 674 S.W.2d 244, 246-47[2] (Mo.App.1984); Lee v. Rolla Speedway, Inc., 668 S.W.2d 200, 205[3] (Mo.App.1984). Consequently, we summarize the evidence favorable to the Bazazzadegans, as they prevailed on the segment of the judgment attacked on appeal by the Maynards.

The saga began July 25, 1984, when the Bazazzadegans signed a contract with Jim Schudy and Patsy Sehudy, wherein the Ba-zazzadegans agreed to purchase a house and lot owned by the Schudys, at a price of $58,900. The contract provided, among other things, that $1,900 of the purchase price would be paid by the Schudys “carrying a loan” to the Bazazzadegans at interest of 10 per cent per annum, payable in monthly installments of $100, secured by a second deed of trust. The contract further provided: “This contract also contingent on Buyer obtaining financing on or before August 31, 1984.”

On August 2, 1984, the Bazazzadegans signed the contract with the Maynards that is the subject of this litigation. The price of the property described in that contract was $50,500. Pertinent to the issues before us, the contract provided: “The Buyer shall deposit the sum of Five Hundred dollars ... upon the signing of this contract ... to be held in escrow ... until this transaction is finally closed, the balance to be paid as follows: By obtaining a 95% loan at current interest rate. General Contingency: This contract is contingent upon qualification for proper financing.”

At trial, Mike Bazazzadegan testified his purpose in contracting to buy the Maynard property was to acquire it for his sister and her husband, who were planning to move to Springfield from California. Mike explained that he intended to obtain the loan as he had “outstanding credit,” take title to the property in his name, and the loan payments would be made by his sister and her husband. When the indebtedness was retired, Mike would “give them title.” He admitted he did not inform the Maynards that he was buying their home for his sister and brother-in-law, and he likewise admitted he did not inform the Maynards he had signed the contract with the Schu-dys eight days earlier.

On August 4, 1984, two days after signing the Maynard contract, the Bazazzade-gans made their first attempt to obtain financing for the two properties they had contracted to buy. According to Mike Ba-zazzadegan, he needed “around one hundred thousand dollars for two houses.” His testimony:

“... what I did is I called loan in the phone book and check all — I give the them, ‘How much money do I need for two houses?’ And, ask them, ‘Am I qualified for loan or not?’
Which they all, all of them gave me same formal order to qualify for loan my total expense per month suppose to be one third my total income, which — you know — at that time they turned me down. I couldn’t be qualified for two loans for two houses.”

Upon learning that no lender would loan him enough to purchase both properties, Mike Bazazzadegan, so he testified, decided to attempt to obtain one loan from one lender to purchase one property, and another loan from a different lender to purchase the other property. He recounted that on the same day (August 4, 1984) he went to United Savings and Loan, and also to Systematic Savings and Loan, but they rejected his proposal. Mike’s testimony:

“They said, you know, same way, it’s not going to work. I won’t be qualified for the loan even if I go to two different banks because I couldn’t be able to obtain two loans.”

The week after the Maynard contract was signed, Mike Bazazzadegan telephoned Jeffrey Maynard, stating that the Bazazza-degans were not going to buy the May-nards’ home. Mike Bazazzadegan’s version of the conversation was:

“I told him I could not obtain the loan on your house and I say, ‘I just want to let you know — you know — at you have somebody else in mind you go ahead, don’t wait on me’.
Q. What did he say?
A. He didn’t response to anything. He said, ‘I’ll drop by your place, talk to [952]*952you again’. I, and I said, ‘Whatever you feel like you want to do’.”

Jeffrey Maynard admitted that Mike Ba-zazzadegan did inform him that the Bazaz-zadegans “weren’t qualified to obtain financing” on the Maynard property.

Among the segments of Mike Bazazzade-gan’s deposition introduced in evidence at trial were these:-

“Question. Did you tell Mr. Maynard when you told him you couldn't qualify for a loan that the reason you couldn’t qualify is that you were already buying another house?
Answer. No.
Question. Did you tell him the reason you couldn’t qualify is because you were buying another house and his house was really for your brother-in-law?
Answer. No.
Question. ... At the time you signed this contract with Mr. and Mrs. Maynard did you have a thousand or two thousand of your own to put down on the Maynard house?
Answer. Probably. I would say probably a thousand or so. I had that.”

Sometime prior to August 13, 1984, the Bazazzadegans received a $4,000 loan from Julia Bazazzadegan’s father. Thereupon, according to Mike Bazazzadegan:

“We decided not to take a loan from [Jim Schudy] which — you know — we had money for down payment and closing because that was too much money to go per month. We had to pay one hundred dollars to [Jim Schudy] plus six hundred fifty dollars per month to bank, that’s why we decided not to take a loan from [Jim Schudy].”

Having made that decision, the Bazazza-degans, on the evening of August 13, 1984, signed a second contract with the Schudys. It was identical to the first, except that the provision that the sellers were to carry a $1,900 loan was deleted.

The first Schudy contract, received in evidence at trial, bears the handwritten notation “VOID 8-13-84.” Mike Bazazzade-gan testified that Jim Schudy wrote that on the contract immediately after the second Schudy contract was signed.

The next day (August 14, 1984), the Ba-zazzadegans filed a written application at United Savings and Loan Association for a loan with which to purchase the Schudy property. The loan was approved in the amount of $55,000, and the sale of the Schudy property to the Bazazzadegans was closed September 25, 1984.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cranor v. Jones Co.
921 S.W.2d 76 (Missouri Court of Appeals, 1996)
Kelsey v. Nathey
869 S.W.2d 213 (Missouri Court of Appeals, 1993)
Wooten v. DeMean
788 S.W.2d 522 (Missouri Court of Appeals, 1990)
Koontz v. Lee
737 S.W.2d 766 (Missouri Court of Appeals, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
732 S.W.2d 950, 1987 Mo. App. LEXIS 4348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maynard-v-bazazzadegan-moctapp-1987.