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KERRICK v. SCHOENBERG

No. 47301.

328 S.W.2d 595 (1959)

R. R. KERRICK, Appellant, v. V. A. SCHOENBERG, C. E. Mosley, and M. F. Stroud, Respondents.

Supreme Court of Missouri, Division No. 2.

November 9, 1959.

Attorney(s) appearing for the Case

Ziercher, Tzinberg, Human & Michenfelder, Herbert W. Ziercher, Clayton, for appellant.

Herman M. Katcher, William R. Gartenberg, Walter S. Berkman, St. Louis, for respondents.

SAMUEL A. DEW, Special Commissioner.

Plaintiff brought this suit in equity in two counts, both based upon his contract to purchase a tract of land. In Count I he sought specific performance, and also asked damages for defendants' failure to include in their warranty deed to the property purchased, two provisions of the contract affecting the tract purchased and defendants' adjoining land. In Count II he asked for an adjudication of the legal and equitable title to...

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