Miceli v. Dierberg

KAROHL, Judge.

F.J. Miceli and Slonim Development Corporation [Miceli and Slonim], buyer, sued Mary W. Dierberg, seller, for specific performance of a real estate sale contract for a tract of land. The sole issue is whether the failure of buyer to appear by 10:20 a.m. on May 16, 1988, was a breach of contract so as to excuse performance by seller. The contract required that closing occur “at the office of Community Title Company, 11 North Brentwood, Clayton, Missouri 63105 on May 16, 1988 at 10:00 a.m.” Time was of the essence of the contract. The trial court refused an order of specific…