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GEE v. PAYNE

No. WD 52332.

939 S.W.2d 383 (1997)

John and Malinda GEE, Appellants, v. John R. and Jean R. PAYNE, Respondents.

Missouri Court of Appeals, Western District.

March 4, 1997.

Attorney(s) appearing for the Case

John E. Beetem, Jefferson City, for appellants.

William David Powell, Columbia, for respondents.

Before LOWENSTEIN, P.J., ULRICH, C.J. and LAURA DENVIR SMITH, J.

LOWENSTEIN, Judge.

This is an appeal from a judgment in favor of the sellers in a court-tried contract action for damages in the sale of real property where the sellers conveyed title to the buyers, but failed to provide timely water service and to extend a road to the property. The buyers, John and Malinda Gee ("the Gees"), allege error in 1) declaring the proper measure of damages at either the fair rental value of the residence plus interest for the period of delay...

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