SOLBERG v. KANE

No. KCD 27089.

536 S.W.2d 885 (1976)

Frederick M. SOLBERG, Jr. and Elizabeth T. Solberg, Respondents, v. Patricia Lenore KANE, Appellant.

Missouri Court of Appeals, Kansas City District.

May 3, 1976.


Attorney(s) appearing for the Case

Thomas J. Cox, Jr., Shirkey & Cox, Kansas City, for appellant.

Donald G. Stubbs, Steven J. Borel, Stubbs, Epstein & Mann, Kansas City, for respondents.

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.


PER CURIAM.

Plaintiffs, hereinafter referred to as buyers, brought suit against defendant, hereinafter referred to as seller, for specific performance of a contract for the sale of certain real property. Seller resisted performance at the trial level on the ground that there was no "mutuality of obligation" since the buyers could avoid performance at their sole and absolute discretion, and on the further ground that the contract was the result of "deception, duress...

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