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TURNBULL v. CAR WASH SPECIALTIES, LLC

No. ED 90310.

272 S.W.3d 871 (2008)

Harold and Elsie TURNBULL, Respondents, v. CAR WASH SPECIALTIES, LLC, Appellant.

Missouri Court of Appeals, Eastern District, Northern Division.

December 9, 2008.

Attorney(s) appearing for the Case

James D. Burlison, Troy, MO, for Respondents.

Lee R. Elliott, Troy, MO, for Appellant.

Philip E. Morgan, Jr., Regional Counsel, Chesterfield, MO, for Third Party Defendant/Respondents.

OPINION

GLENN A. NORTON, Judge.

Car Wash Specialties, LLC appeals from the judgment of the trial court finding in favor of Harold and Elsie Turnbull on their declaratory judgment action, and in favor of the Turnbulls on Car Wash Specialties' counterclaim for breach of contract. We reverse and remand.

I. BACKGROUND

In 1975, the Turnbulls acquired a tract of land in Troy, Missouri totaling approximately fifty acres (the "Tract"). In...

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