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MICELI v. DIERBERG

No. 55200.

773 S.W.2d 154 (1989)

F.J. MICELI and Slonim Development Corporation, Plaintiff/Appellant, v. Mary W. DIERBERG, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied June 13, 1989.

Application to Transfer Denied August 1, 1989.

Attorney(s) appearing for the Case

Weier, Hockensmith & Sherby, Thomas M. Utterback and William A. Hellmich, St. Louis, for plaintiff/appellant.

Gunn and Gunn, Donald Gunn, Jr., St. Louis, for defendant/respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 13, 1989.

KAROHL, Judge.

F.J. Miceli and Slonim Development Corporation [Miceli and Slonim], buyer, sued Mary W. Dierberg, seller, for specific performance of a real estate sale contract for a tract of land. The sole issue is whether the failure of buyer to appear by 10:20 a.m. on May 16, 1988, was a breach of contract so as to excuse performance by seller. The contract required that closing...

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