Hough v. Jay-Dee Realty and Investment, Inc.

This was an action for breach of the defendant’s covenant to construct and deliver possession of a restaurant building to the plaintiffs. The plaintiffs have had judgment on a jury verdict for $3,100.00, and the defendant has appealed. This is a second opinion, the first having failed of adoption.

Stated most favorably to the result reached, the evidence was that in 1961 the defendant corporation was developing a small tract of land near Springfield, Missouri, for commercial use. As part of its general plan of development, the corporation had in view the construction of a restaurant building,…