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Prenger v. Baumhoer

939 S.W.2d 23 (1997)

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Prenger v. Baumhoer

Missouri Court of Appeals
939 S.W.2d 23 (1997)

RW

Facts

A lawyer for Cyril Baumhoer (defendant) sent Kenneth Prenger (plaintiff) a letter memorializing Baumhoer’s tentative agreement to sell his gas station to Prenger. The letter stated that as soon as Prenger obtained bank financing for the purchase, Baumhoer would meet with Prenger so that they could work out the few remaining issues that stood in the way of a sale contract. A few weeks later, before Prenger’s bank could act on his loan application, Prenger received word that Baumhoer had just accepted a third party’s offer to buy the gas station. Prenger sued, claiming that he incurred certain expenses in detrimental reliance on Baumhoer’s alleged promise to sell the property to Prenger. The trial court dismissed the suit, finding that there was no contract between Prenger and Baumhoer. Prenger appealed to the Missouri Court of Appeals, where he argued that the doctrine of promissory estoppel entitled him to damages.

Rule of Law

Issue

Holding and Reasoning (Berrey, J.)

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