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PHILLIPS v. SCHMID

No. 57312.

499 S.W.2d 536 (1973)

Estelle PHILLIPS, Appellant, v. Charles SCHMID and Nelson O. Jost, Co-Executors of the Estate of Otto Jost, Respondents.

Supreme Court of Missouri, Division No. 2.

October 8, 1973.

Attorney(s) appearing for the Case

Bernard Susman, David Freyman, St. Louis, for appellant.

Leonard C. Jacobs, St. Louis, for respondents.

HOUSER, Commissioner.

Estelle Phillips appeals from an order dismissing with prejudice her petition against Charles Schmid and Nelson O. Jost, Co-Executors of the Estate of Otto Jost, Deceased, on the ground that the petition fails to state a cause of action. We have jurisdiction since this is a suit for specific performance of a contract to convey real estate, and the notice of appeal was filed prior to January 1, 1972.

The petition alleges that plaintiff...

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