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DAVIS v. CLEARY BUILDING CORP.

No. WD 62449.

143 S.W.3d 659 (2004)

Dennis DAVIS and Susan Davis, Respondents, v. CLEARY BUILDING CORPORATION, Appellant.

Missouri Court of Appeals, Western District.

September 14, 2004.

Attorney(s) appearing for the Case

Patrick M. Reidy, Kansas City, MO, for appellant.

Drew F. Davis, Cameron, MO, for respondents.

Before NEWTON, P.J., BRECKENRIDGE and SPINDEN, JJ.

PATRICIA BRECKENRIDGE, Judge.

Cleary Building Corporation appeals the judgment entered in favor of Dennis and Susan Davis, husband and wife, on the Davises' action for rescission of their contract with Cleary to build a horse barn on the Davises' property. Cleary argues that rescission was not a proper remedy in this case because it fully performed under the terms of the contract and it is impossible to restore the parties...

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