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JONES v. DeWITT

No. 56816.

499 S.W.2d 524 (1973)

Harvey JONES and Elizabeth Jones, Respondents, v. Mary Mildred DeWITT, an individual, and Mary M. DeWitt, as Executrix of the Estate of Roger DeWitt, deceased, Appellants.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied October 8, 1973.

Attorney(s) appearing for the Case

Hogsett, Shaffer & Gibson, James W. Shaffer, Joseph R. Hogsett, Sherman L. Gibson, Kansas City, for respondents.

Rufus B. Burrus, Independence, W. Raleigh Gough, Kansas City, for appellants.

WELBORN, Commissioner.

Action for specific performance of option contract for the sale of real estate. Trial court granted specific performance and awarded plaintiffs judgment for $46,520.87 for overpayment under the contract. Defendants appealed.

The land which is the subject of this litigation is a tract of approximately 205 acres, presently within the boundaries of the city of Independence, Missouri. In 1957, the property was owned by Billy Flournoy, the...

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