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Contracts: Property Sale-Specific Performance
Staff Report//April 22, 2019//
Where a limited liability company, which entered into a contract for the sale of farmland, challenged a trial court’s refusal to grant specific performance, the company’s only evidence that it was ready, willing and able to perform the contracts was documents drafted for closing that showed the buyer to be an entity that was not even a party to the contract, so the trial court’s judgment in favor of the sellers is affirmed because the company failed to prove that it tendered performance of its obligation.
Judgment is affirmed.
ROH Farms, LLC v. Cook (MLW No. 73092/Case No. WD81919 – 10 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Moniteau County, Richardson, J. (Hallie H. Gibbs II, Jefferson City, for appellant) (Dale C. Doerhoff and Kristen S. Johnson, Jefferson City, for respondent).
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