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C-H BUILDING ASSOCIATES, LLC v. DUFFEY

No. WD 71158.

309 S.W.3d 897 (2010)

C-H BUILDING ASSOCIATES, LLC., Respondent, v. Joe H. DUFFEY, et al., Appellant.

Missouri Court of Appeals, Western District.

May 18, 2010.

Attorney(s) appearing for the Case

Michael P. Keleher and Michael T. Feeback, Gladstone, MO, for Appellant.

Thomas E. Hankins, Gladstone, MO, for Respondent.

Before: THOMAS H. NEWTON, C.J., JAMES M. SMART, JR., and CYNTHIA L. MARTIN, JJ.

THOMAS H. NEWTON, Chief Judge.

C-H Building Associates, LLC (C-H) sued Mr. and Mrs. Joe Duffey (the Duffeys) under three theories, including breach of contract based on an alleged lease in a commercial real estate sales agreement. After discovery, C-H filed a motion for summary judgment, which the trial court granted. The Duffeys appeal the trial court's summary judgment. We reverse and remand.

Factual and Procedural Background

C-H entered a real...

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