Schimmer v. H. W. Freeman Construction Co.

DOWD, Presiding Judge.

This is an appeal from the Circuit Court of St. Louis County in which the third, fourth and fifth counts of plaintiffs’ second amended petition were dismissed with prejudice. Rule 67.03; Koller v. Ranger Ins. Co., 569 S.W.2d 372 (Mo.App.1978).

Plaintiffs allege that they entered into a written contract with defendant, Murray Smith, a salesman for H.W.F. Realty, Inc., to purchase a home to be built by defendant H. W. Freeman Construction Co., Inc. They received an oral promise from Smith that the new home would be completed no later than the middle of August, 1977,…