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Ohlendorf v. Feinstein

636 S.W.2d 687 (1982)

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Ohlendorf v. Feinstein

Missouri Court of Appeals
636 S.W.2d 687 (1982)

RW

Facts

Bernard Feinstein (defendant) purchased seven tracts of land. Shortly thereafter, Feinstein agreed to partner with Howard Ohlendorf (plaintiff) and Fred Whaley (defendant) in reselling the tracts for a profit. Ohlendorf and Whaley each bought shares in the partnership. In addition, Ohlendorf agreed to buy Tract 3. The partnership sold three other tracts to third-party buyers. Three tracts remained unsold. Ohlendorf subsequently breached the partnership agreement by reneging on his promise to buy Tract 3 and declaring that the partnership was dead. Ohlendorf sued Feinstein and Whaley to recover the money he paid for his partnership share. Feinstein and Whaley cross-claimed to wind up the partnership’s affairs and claimed damages for the profits they lost due to Ohlendorf’s breach. The trial judge dissolved the partnership and awarded damages to Feinstein and Whaley. Ohlendorf appealed to the Missouri Court of Appeals. The appellate court ruled that Feinstein and Whaley failed to prove their lost profits. The appellate court then proceeded to consider Ohlendorf’s argument that Feinstein and Whaley could have avoided losing any profits by continuing the partnership and selling the three unsold tracts on their own account.

Rule of Law

Issue

Holding and Reasoning (Pudlowski, J.)

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