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BARLING v. HORN

No. 45381.

296 S.W.2d 94 (1956)

Stephen D. BARLING and Audrey K. Barling, Appellants, v. Harold H. HORN and Olive A. Horn; and S. John Smith and Marion Smith; and City Bond & Mortgage Company, a Corporation, Respondents.

Supreme Court of Missouri, Division No. 1.

December 10, 1956.

Attorney(s) appearing for the Case

Henry M. Shughart, Harry P. Thomson, Jr., Kansas City, Shughart & Thomson, Kansas City, of counsel, for appellants.

William W. Cochrane, Jr., Kansas City, Gordon & Cochrane, Kansas City, of counsel, for respondents S. John Smith and Marion Smith.

VAN OSDOL, Commissioner.

This is an action for specific performance of a clause in a lease whereby the lessees, plaintiffs, in the event the lessors desired to sell the leased premises prior to the expiration of the term, were to have the first opportunity to purchase the premises. The trial court denied specific performance on the ground that the lease stated no price or method for determining the price at which plaintiffs were to have the right to purchase, and...

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