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R & R LAND DEV. v. AMERICAN FREIGHTWAYS

No. SD 31820.

389 S.W.3d 234 (2012)

R & R LAND DEVELOPMENT, L.L.C., Plaintiff-Appellant, v. AMERICAN FREIGHTWAYS, INC., a/k/a and f/k/a American Freightway Corporation, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied January 7, 2013.

Attorney(s) appearing for the Case

Steven E. Marsh , Hulston, Jones & Marsh, L.L.C., Springfield, MO, for Appellant.

Kregg Keltner , Haden, Cowherd, Bullock & McGinnis, Springfield, MO, for Respondent.

GARY W. LYNCH, P.J.

R & R Land Development, L.L.C. ("R & R"), appeals the trial court's judgment in favor of American Freightways, Inc. ("American"), with respect to R & R's claims for fraud, breach of contract, specific performance, and rescission, all arising from a real estate transaction. In two points on appeal, R & R argues that (1) the trial court misapplied the law in denying rescission because R...

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