Missouri Court of Appeals, Western District / May 25, 2021
JTB Properties, LLC. vs. Joseph Zwillenberg, et al
JTB Properties, LLC (Purchaser) appealed the trial court's partial summary judgment for Joseph and Julie Zwillenberg (Sellers) and the denial of its cross-motion for summary judgment in a real estate contract dispute. The Purchaser argued the trial court misapplied the law and ignored genuine issues of material fact regarding the failed closing of a property sale. The appellate court affirmed the summary judgment for Sellers on the breach of contract for damages claim (Count II) but reversed and remanded the summary judgment for Sellers on the specific performance claim (Count I), finding a genuine issue of material fact.