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DAVIS v. NELSON

No. 64079.

880 S.W.2d 658 (1994)

Steven DAVIS, et al., Plaintiffs/Respondents, v. Richard T. NELSON, et al., Defendants/Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

August 9, 1994.

Attorney(s) appearing for the Case

Terrance J. Good, Nelson G. Wolff, Carolyn M. Kopsky, St. Louis, for appellants.

Louis F. Bonacorsi, Ketrina G. Bakewell, Thomas E. Wack, Peter W. Herzog, III, St. Louis, for respondents.

GRIMM, Presiding Judge.

In this bench trial, plaintiff1 sought (1) to compel defendant2 to specifically perform an agreement they made to terminate a condominium agreement and (2) to establish a fee simple ownership of the two condo units. Also, he sought to terminate any interest defendant has in an adjoining lot.

On the other hand, defendant contended the termination would create an illegal subdivision...

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