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WATERWAY GAS `N WASH, INC. v. SANDBOTHE

No. 37735.

550 S.W.2d 617 (1977)

WATERWAY GAS `N WASH, INC., a corporation, Appellant, v. N. P. SANDBOTHE and G. J. Grewe, Respondents.

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

April 26, 1977.

Attorney(s) appearing for the Case

B. C. Drumm, Jr., Clayton, for appellant.

David G. Dempsey, Clayton, for respondents.

CLEMENS, Presiding Judge.

Plaintiff-optionee sued defendant-optionors to recover a $2,500 refundable deposit plaintiff had paid defendants for an option to buy their land. Judgment was for defendants and plaintiff has appealed.

The issues: Did plaintiff comply with its contractual obligation to use its best efforts to obtain rezoning? If not, did defendant waive that requirement?

Plaintiff-optionee and defendants-optionors entered into a contract whereby...

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