Missouri Court of Appeals, Western District / Oct 2, 2018
Joseph S. Ely and Donald D. Upp vs. William E. Alter, et al
Joseph S. Ely and Donald D. Upp (Buyers) appealed the circuit court's judgment denying their claims for declaratory and injunctive relief, quiet title, rescission, and restitution, and granting relief to William E. Alter, Merijo J. Alter, and Rivercene Bed and Breakfast, LLC (Sellers) on certain counterclaims related to a defaulted business purchase agreement. Sellers cross-appealed the denial of attorneys' fees and trademark infringement damages. The appellate court reversed the portion of the judgment denying Sellers attorneys' fees for enforcing the agreement and remanded with instructions to award them. The court affirmed the judgment in all other respects.