Houston v. Columbia Federal Savings & Loan Ass'n, 569 S.W.2d 211 (1978)

Citation: Houston v. Columbia Federal Savings & Loan Ass'n, 569 S.W.2d 211 (1978)
Parent Document: Houston v. Columbia Federal Savings & Loan Ass'n, 569 S.W.2d 211 (1978)
Jurisdiction: Missouri (state)
Effective Date: 1978-05-16
Original Source: https://www.courtlistener.com/opinion/2450794/houston-v-columbia-federal-savi... ↗

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In a declaratory judgment action brought by defendant, the circuit court on February 27, 1976, determined which pieces of the property removed from defendant’s premises belonged to plaintiffs and which belonged to Jacqueline Finch. On March 12, 1976, the court amended that order by compelling plaintiffs to identify the miscellaneous boxes and their contents claimed by plaintiffs. On March 25, 1976, defendant’s attorney sent a letter to plaintiffs’ attorney requesting that plaintiffs pick up their property at the warehouse. On April 12 plaintiffs’ attorney wrote back saying plaintiffs “have no intention of coming to the warehouse to pick up the property” and that they “will accept return of the property only upon delivery by you at a place to be designated by our clients . . . ” Defendant’s attorney responded in a letter dated April 14 that defendant “may be willing to pay the delivery charges for your clients, however at this time your clients have still to identify which boxes they claim as theirs per the Court’s Order.” This letter went on to say that after the property is identified defendant can then “have an estimate made as to what the expense would be in delivering the property to your clients, and thereafter make a determination as to whether or not [defendant] is willing to pay that delivery cost.” Defendant’s attorney sent another letter to plaintiffs’ attorney on May 12,1976, offering to deliver the property to plaintiffs at defendant’s expense but plaintiffs’ attorney testified he never received it. Mr. Houston acknowledged that his lawyer advised him that defendant wanted to give the property back to him and his wife. He said they did not get the property back because “I don’t have any place to put it” and “I haven’t had the facility to pick it up.” Plaintiffs never identified the contents of the boxes referred to in the amended court order in the declaratory judgment suit prior to the trial which began on May 26, 1976, because Mrs. Houston was not physically capable of going to the warehouse and Mr. Houston was not “able to.”

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