DeBauge Bros., Inc. v. Whitsitt

The opinion of the court was delivered by

Owsley, J.:

Defendants appeal from the trial court’s order sustaining plaintiff’s motion for summary judgment directing specific performance of a contract for sale of defendants’ business.

Defendants are G. C. Whitsitt and Bernica R. Whitsitt, owners of the Emporia Coca Cola Bottling Company. In the fall of 1970, Whitsitt was negotiating a sale of his plant and franchise rights with Robert Wagstaff of the Kansas City Coca Cola Bottling Company. He refused WagstafFs proposal, considering the offered price too low. DeBauge Brothers, Inc., an Emporia…