Legal Opinion

Gilmartin Bros., Inc. v. Kern

Missouri Court of Appeals

Decided December 19, 1995No. 67160PublishedCited by 20 opinions

1Opinion of the Court

RHODES RUSSELL, Judge.

Defendants Fernando and Reynalda Kern (“Kerns”) appeal from a judgment in favor of Plaintiff Gilmartin Brothers, Inc. (“Gilmar-tin”) in a court-tried action for breach of contract for construction of a residence and from a judgment in favor of Gilmartin on their counterclaim. We affirm.

The facts, viewed in the light most favorable to the result reached by the trial court, establish the following. Gilmartin was in the business of developing real estate and building and selling homes. On June 4, 1991, the Kerns, as husband and wife, entered into a new home sale contract…

2Cases cited16 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Iota Management Corp. v. Boulevard Investment Co.Missouri Court of Appeals · 1987
  3. H. B. Deal Construction Co. v. Labor Discount Center, Inc.Supreme Court of Missouri · 1967
  4. Sheinbein v. First Boston Corp.Missouri Court of Appeals · 1984
  5. Gundaker v. TemplerMissouri Court of Appeals · 1977

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3Cited by20 opinions

  1. Weitz Co. v. MH WASHINGTONCourt of Appeals for the Eighth Circuit · 2011
  2. Mullenix - St. Charles Properties, L.P. v. City of St. CharlesMissouri Court of Appeals · 1998
  3. Evans v. WerleMissouri Court of Appeals · 2000
  4. Davis v. Cleary Building Corp.Missouri Court of Appeals · 2004
  5. Brockman v. SoltysiakMissouri Court of Appeals · 2001

15 more not listed; retrieve them via the Exa API.

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