Section 7.7 Inadmissible Evidence Insufficient to Establish Knowledge

• Library: Tort Law 2016

B. (§7.7) Inadmissible Evidence Insufficient to Establish Knowledge

In Coverdell v. Countrywide Home Loans, Inc., 375 S.W.3d 874 (Mo. App. S.D. 2012), the court found that inadmissible hearsay could not establish the knowledge element sufficiently to survive summary judgment. The Coverdells entered into a contract for the purchase of residential real estate and four days later, before the contract had been approved by Countrywide, contracted to sell the same property to a Mr. Zumalt in anticipation of a condominium development that the Coverdells expected would make a significant profit. Id. at 877. Countrywide was the lender...