I.R. KIRK FARMS, INC. v. POINTER

No. WD 47910.

876 S.W.2d 283 (1994)

I.R. KIRK FARMS, INC., Appellant, v. W.L. POINTER, Robert K. Sowers, Ralph Storey, Jay Plattner, and Richard K. Schwope, doing business as Investors Land Company, Weston Division, Respondents.

Missouri Court of Appeals, Western District.

February 15, 1994.


Attorney(s) appearing for the Case

Price A. Sloan, Terrance M. Summers, Kansas City, for appellant.

Albert H. Chamberlain, Kansas City, for respondents.

Before KENNEDY, P.J., and ULRICH and SPINDEN, JJ.


SPINDEN, Judge.

At issue in this appeal is whether the trial court erred in dismissing the lawsuit of I.R. Kirk Farms, Inc., which was seeking specific performance of an option contract to regain title to a large farm in Platte County. We reverse the trial court's judgment and remand the case for further proceedings.

Kirk sued for specific performance and damages on February 2, 1990. Its petition averred:

... Defendants, W.L. Pointer, Robert Sowers...

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