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FRANCOIS v. JONES

No. 37879.

559 S.W.2d 535 (1977)

David FRANCOIS, Plaintiff-Appellant, v. Lillian M. JONES, Executrix of the Estate of Joseph S. Kerry, Deceased (Substituted Party Defendant in Place and Stead of Joseph S. Kerry, Deceased), Defendant-Respondent, and Oscar Session and Violet Session, Intervenors-Defendants-Respondents, and Charles Session and Carol Session, Defendants-Respondents.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing and/or Transfer Denied December 16, 1977.

Attorney(s) appearing for the Case

Francis L. Ruppert, Ruppert & Schlueter, Clayton, for plaintiff-appellant.

James F. Gunn, Bernard A. Ruthmeyer, St. Louis, for defendant-respondent.

STEWART, Judge.

This is a court tried proceeding in which defendants prevailed. It arises out of a sales contract, dated January 16, 1968, whereby Joseph S. Kerry agreed to sell to David Francois, plaintiff, certain real estate in St. Louis County. The closing date was February 20, 1968. The contract was never consummated. Plaintiff sued Joseph S. Kerry, seeking specific performance of the contract. Oscar and Violet Session, his wife, alleging that they were the owners...

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