Conley v. Rauschenbach

863 S.W.2d 617, 1993 Mo. App. LEXIS 1451, 1993 WL 360965
CourtMissouri Court of Appeals
DecidedSeptember 21, 1993
DocketNo. 62813
StatusPublished
Cited by7 cases

This text of 863 S.W.2d 617 (Conley v. Rauschenbach) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conley v. Rauschenbach, 863 S.W.2d 617, 1993 Mo. App. LEXIS 1451, 1993 WL 360965 (Mo. Ct. App. 1993).

Opinion

GRIMM, Presiding Judge.

In this court-tried ease, appellant broker sought specific performance of a real estate contract against respondents/sellers. The trial court denied broker’s petition and awarded sellers $6,625 for their attorney fees. Broker appeals. We modify the judgment by deleting the attorney fees award and affirm.

Broker raises four points on appeal. The first two points relate to the trial court’s findings that: (1) Orvin Rauschenbach (father/seller) never signed or accepted the real estate contract; and (2) offers were made to broker that were not conveyed to sellers. The third point alleges trial court error in failing to find that Debra Rauschenbach (daughter/seller) breached the contract and in failing to order specific performance. The fourth point alleges trial court error in awarding attorney fees to sellers.

I. Background

The evidence viewed in a light most favorable to the judgment and consistent with the trial court’s findings, discloses the following. Since at least 1983, father and daughter have owned a tract of land. In October, 1985, daughter signed a listing contract with broker on a portion of this property.

The following month, broker generated a contract for the sale of the property to a nursing home at $31,000 per acre. The contract, signed by daughter, was contingent upon successful rezoning. Broker told her he would take care of the rezoning. Later, broker told her the rezoning application had been turned down. About three years later, daughter determined that no application for rezoning had ever been made.

In June of 1988, daughter purchased an adjoining 1.84 acre tract of land. Father’s name was placed on the deed as a joint tenant because it was the only way daughter could get a loan.

Broker told daughter “it was absolutely necessary” for her to purchase this property because “nobody [was] going to buy [her property] without it.” Broker had a listing on this tract. He represented both the landowners and daughter in negotiating the sale. Also, he received a sales commission from landowners.

About each six months beginning October 1985, new listing agreements were signed by daughter and broker. Daughter signed the most recent listing agreement on July 11, 1988.

In August or September, 1988, broker called a builder and told him the listing contract was about to expire. Broker told builder he did not think the listing contract would be renewed, and wanted to know if builder was still interested in the property. Builder was interested and told broker he would “probably be willing to pay” $30,000 an acre. Broker told him that daughter did not want that much and suggested he offer $22,500

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Cite This Page — Counsel Stack

Bluebook (online)
863 S.W.2d 617, 1993 Mo. App. LEXIS 1451, 1993 WL 360965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conley-v-rauschenbach-moctapp-1993.