Missouri Court of Appeals, Western District / Apr 16, 2019
ROH Farms, LLC vs. Richard W. Cook, Jr. and Dawn R. Cook
ROH Farms, LLC appealed the denial of its petition for specific performance of two real estate contracts with Richard and Dawn Cook for the sale of farmland and a residence. The trial court denied specific performance on multiple grounds, including that ROH Farms anticipatorily breached the contracts and failed to establish it was ready, willing, and able to perform. The appellate court affirmed the judgment, concluding that ROH Farms did not prove its readiness to perform, as the closing documents listed a third party, Harris Ventures, Inc., as the buyer, and ROH Farms had not assigned its interest.