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BAUMSTARK v. JORDAN

No. 37337.

540 S.W.2d 611 (1976)

Wayne BAUMSTARK, Plaintiff-Appellant, v. Elizabeth JORDAN, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

August 17, 1976.

Attorney(s) appearing for the Case

O. J. Mundwiller, Hermann, McQuie & Deiter, Montgomery City, for plaintiff-appellant.

Jenny, Cole & Eckelkamp, James A. Cole, Joseph M. Ladd, Union, for defendant-respondent.

McMILLIAN, Judge.

Plaintiff appeals from a judgment of the Circuit Court of Gasconade County granting summary judgment in his action for specific performance of a contract for the sale of land. The decision of the trial court refusing specific performance was premised on a finding that the contract contained a liquidated damages clause providing an agreed upon alternative to respondent's conveyance of the land. The contract...

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