Missouri Court of Appeals March 6, 2007, WD 65439 (Minor v. Rush)

HAROLD L. LOWENSTEIN, Judge,

dissenting.

I respectfully dissent. There is no quibble with the conclusion that the Rushes, as Sellers, breached the sales contract when they failed to obtain a Deed of Release from their bank and provide fee simple title at closing. The Sellers, however, contend that the trial court’s granting of specific performance as relief was too harsh. This point has merit.