Missouri Court of Appeals, Western District / Jan 21, 2025
Teri A. Deffenbaugh and Kelly R. Forck vs. David Kelly Burre, Trustee of the David Kelly Burre Revocable Trust
Teri Deffenbaugh and Kelly Forck sued David Kelly Burre, Trustee, for specific performance of a real estate purchase contract. The trial court denied specific performance, finding the property description indefinite and that Deffenbaugh failed to satisfy a condition precedent regarding access rights. The appellate court affirmed, concluding that Deffenbaugh did not perform his contractual obligation to obtain necessary access and could not unilaterally waive this condition. The court also granted Burre's request for appellate attorney's fees and remanded for their calculation.