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WILCHER v. McGUIRE

No. KCD 27914.

537 S.W.2d 844 (1976)

Grover C. WILCHER and John E. Robertson, Plaintiffs-Appellants, v. Thelma McGUIRE, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

June 1, 1976.

Attorney(s) appearing for the Case

William J. Hill, Kansas City, for plaintiffs-appellants.

John C. Milholland, Harrisonville, for defendant-respondent.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special JJ.

TURNAGE, Presiding Judge.

Plaintiffs, Wilcher and Robertson, brought suit for specific performance of an alleged contract for the sale of real estate against the defendant owner, McGuire. McGuire raised as her primary defense the Statute of Frauds, Section 432.010, RSMo 1969. The trial court found for the defendant.

On this appeal plaintiffs urge the auction sale conducted was (1) "without reserve" and thus the sale was completed at the time the auctioneer...

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