Lehning v. Gates, WD
| Decision Date | 11 June 1991 |
| Docket Number | No. WD,WD |
| Citation | 809 S.W.2d 886 |
| Parties | Jeff LEHNING and Joyce Lehning, Plaintiffs/Appellants, v. Alex J. GATES and Imogene Gates, Defendants/Respondents. 43783. |
| Court | Missouri Court of Appeals |
Appeal from the Circuit Court of Pettis County; Ralph H. Jaynes, Judge.
Steven A. Fritz, Sedalia, for plaintiffs/appellants.
James T. Buckley, Sedalia, for defendants/respondents.
Before LOWENSTEIN, P.J., and TURNAGE and FENNER, JJ.
Jeff Lehning and Joyce Lehning entered into a contract to sell a business building to Alex J. Gates and Imogene Gates. The Lehnings sued the Gateses for damages after the Gateses failed to pay the purchase price on the agreed closing date provided by the contract. Trial to a jury resulted in a verdict in favor of the Lehnings in the amount of $4700. The court sustained the Gateses' motion for judgment notwithstanding the verdict and granted their conditional motion for new trial. On this appeal the Lehnings contend their evidence was sufficient to show their performance of the conditions precedent in the contract. Affirmed.
The parties entered into a real estate contract in May, 1987. The contract was on a form but a typed provision stated The closing date set by the contract was December 28, 1987.
The contract provided that the Gateses would lease the property between the date of the contract and the closing date. The evidence further revealed that Imogene Gates is a real estate broker and occupied the main floor of the property and the Lehnings occupied the basement.
The contract provided that the Gateses would assume a first deed of trust on the property and would pay $10,600 on closing and give a note secured by a second deed of trust to secure the balance due. In November and December, 1987 the Lehnings had frequent conversations with the Gateses, and especially Mrs. Gates, primarily to gain assurance that the Gateses would have the money they were required to pay on closing. Mrs. Gates gave assurances that everything was fine and that the money was coming, however, on the day of closing the Gateses failed to pay the amount required and failed to complete the sale.
The Lehnings filed suit seeking damages for breach of contract with the jury verdict and judgment as noted above.
The Lehnings contend that the court improperly granted judgment n.o.v. because the evidence showed that they were ready and willing to...
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Schaefer v. Rivers
...or implied consent shall be treated in all respects as if they had been raised by the pleadings.") 2 Defendants cite Lehning v. Gates, 809 S.W.2d 886, 887 (Mo.App.1991), to support their contention that they were justified in rescinding the contract. However, we do not believe that decision......