Baumstark v. Jordan

McMILLIAN, Judge.

Plaintiff appeals from a judgment of the Circuit Court of Gasconade County grant ing summary judgment in his action for specific performance of a contract for the sale of land. The decision of the trial court refusing specific performance was premised on a finding that the contract contained a liquidated damages clause providing an agreed upon alternative to respondent’s conveyance of the land. The contract was found to be unambiguous as a matter of law. Appellant rejected respondent’s tender of $1,000 in compliance with the contractual provision as interpreted. Appellant…