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J.L. MASON OF MISSOURI INC. v. YERKE

No. 53335

748 S.W.2d 402 (1988)

J.L. MASON OF MISSOURI, INC., Appellant-Plaintiff, v. Donald YERKE, et ux., Respondent-Defendant.

Missouri Court of Appeals, Eastern District, Division Three.

April 5, 1988.

Attorney(s) appearing for the Case

John L. Davidson, Kell, Kell, Custer, Weller & Davidson, St. Louis, for appellant-plaintiff.

L. Joseph Garavaglia, Vatterott, Shaffar & Dolan and Paul J. Harris, St. Ann, for respondent-defendant.

KAROHL, Presiding Judge.

J.L. Mason of Missouri, Inc., (Mason), seller of a single family residence, appeals verdict and judgment for Donald J. Yerke and Kathleen A. Findley (now Yerke), purchasers, on its petition for damages for breach of a real estate sale contract. Purchasers did not appeal an adverse verdict and judgment on their counterclaim for return of $1,000 earnest money.

On September 26, 1983, the parties contracted for the construction of a house...

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