Missouri Court of Appeals, Western District / Date unavailable
Virginia W. Crawford vs. John A. Gardner
John A. Gardner appealed from a trial court judgment granting Virginia W. Crawford specific performance of a contract to buy Gardner's share of a co-owned general partnership. Gardner argued the trial court erred by finding a contract existed despite mutual mistake and non-compliance with notice requirements, and by awarding specific performance when Crawford allegedly failed to tender performance. The appellate court affirmed the trial court's judgment, finding no mutual mistake, that the parties waived strict notice requirements, and that Gardner's repudiation waived Crawford's obligation to tender. The court also granted Crawford's motion for appellate attorney fees and remanded for their determination.