Contracts : Actual Damages – Attorney’s Fees – Contract For Deed

(1)Where in a dispute involving the sale of property and a contract for deed, the trial court did not err when it awarded actual damages because by objecting to evidence that would support a claim for specific performance, the buyers led the court into crafting a damages remedy, so they could not challenge the award on appeal, and the buyers had the burden of proof on their affirmative defenses, so the trial court’s failure to believe the evidence was sufficient to support a judgment in favor of the seller on those issues.

(2)Where sellers in a contract dispute requested attorney’s fees for the appeal, the contract provided for reasonable fees, so the matter is remanded for the trial court to determine fees.

Judgment is affirmed; remanded.

Percy’s High Performance, Inc. v. Krough (MLW No. 65665/Case No. SD32121 – 9 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Camden County, Moore, J. (W. Gary Drover, Camdenton, and Richard Leo Rollings Jr., Camdenton, for respondent) (Gene A. Hilton, Camdenton, for appellant).

Read the full text of this opinion. (PDF)