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Where buyers in a real estate transaction involving the purchase of land and a business challenged the denial of relief on their action for injunctive relief, quiet title and restitution, the judgment is affirmed in part because the trial court did not err in awarding the $274,500 “amount due” as damages for the buyer’s default on the license and membership-interest purchase agreement and all rights and title to the business since there was no double recovery, and the court also did not err in determining that the sellers were entitled to enforce two deeds of trust, but the court lacked the discretion to refuse the sellers’ request for attorney’s fees because the agreement included a mandatory provision requiring fees.
Judgment is affirmed in part; reversed and remanded in part.
Ely v. Alter (MLW No. 72171/Case No. WD80734 – 19 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Howard County, Hayes, J. (Anthony W Bonuchi, Kansas City, Missouri, for appellants) (Jeffrey Brian Hunt, St Louis, for respondent).
