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HGS HOMES v. KELLY RESIDENTIAL GROUP

No. 71276.

948 S.W.2d 251 (1997)

HGS HOMES, INC., Plaintiff/Appellant, v. KELLY RESIDENTIAL GROUP, INC., Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

July 8, 1997.

Attorney(s) appearing for the Case

Alan G. Gerson, Evan D. Buxner, Blumenfeld, Kaplan & Sandweiss, P.C., St. Louis, for plaintiff/appellant.

S. Todd Hamby, Rothman, Sokol, Adler & Sarachan, P.C., St. Louis, for defendant/respondent.

CRANE, Presiding Judge.

Plaintiff homebuilder terminated its contract with defendant real estate developer for the sale and purchase of 43 residential lots. Plaintiff then sought to enforce a provision in the terminated contract which gave plaintiff an option to purchase one or more of the 43 lots for display homes. After filing a third amended petition and then voluntarily dismissing the action, plaintiff appeals from the trial court's order dismissing the breach...

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