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BURTON W. DUENKE BUILDING CO. v. WHITNEY

No. 31592.

384 S.W.2d 273 (1964)

BURTON W. DUENKE BUILDING COMPANY, a Corporation, (Plaintiff) Respondent, v. Charles W. WHITNEY and Helen M. Whitney, (Defendants) Appellants.

St. Louis Court of Appeals, Missouri.

November 17, 1964.

Attorney(s) appearing for the Case

Jones & Alexander, D. Calhoun Jones, St. Louis, for appellants.

William R. Bascom, C. Perry Bascom, Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel, for respondent.

WOLFE, Judge.

This is a suit by the corporate plaintiff for damages arising out of an alleged breach of contract. The defendants entered into a contract to purchase a home constructed by the plaintiff company and paid $100 earnest money. The defendants later declined to purchase the home for the reason that it was used as a display house in the subdivision being developed by the plaintiff after the contract of sale was signed. The defendants counterclaimed for the...

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