Legal Opinion

HGS Homes, Inc. v. Kelly Residential Group, Inc.

Missouri Court of Appeals

Decided July 8, 1997No. 71276PublishedCited by 18 opinions

1Opinion of the Court

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 of written contract count of its amended petition for failure to state a claim. We affirm. Factual Background

We recite the facts as…

2Cases cited17 opinions

  1. Kanagawa v. State by and Through FreemanSupreme Court of Missouri · 1985
  2. Rockhill Tennis Club of Kansas City v. VolkerSupreme Court of Missouri · 1932
  3. Rexite Casting Co. v. Midwest Mower Corp.Missouri Court of Appeals · 1954
  4. Baugher v. Gates Rubber Co., Inc.Missouri Court of Appeals · 1993
  5. Lake Cable, Inc. v. TrittlerMissouri Court of Appeals · 1996

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3Cited by18 opinions

  1. State Ex Rel. Hazelwood Yellow Ribbon Committee v. KlosMissouri Court of Appeals · 2000
  2. In Re: Payless Cashways, Doing Business as Payless Cashways, Doing Business as Furrow, Doing Business as Lumberjack, Doing Business as Hugh M. Woods, Doing Business as Somerville Lumber, Doing Business as Knox Lumber, Inc., Debtor, Amtech Lighting Services Company v. Payless Cashways, Inc., International Association of Lighting Management Companies, Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2000
  3. Smith v. HammonsMissouri Court of Appeals · 2002
  4. Peggy J. Deal, Appellee/cross-Appellant v. Consumer Programs, Incorporated, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2006
  5. SD Investments, Inc. v. Michael-Paul, L.L.C.Missouri Court of Appeals · 2002

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