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Strouse v. Starbuck

Missouri Court of Appeals
987 S.W.2d 827 (1999)


Facts

Strouse (plaintiff) owned 239 acres of land which Starbuck (defendant) sought to purchase. When Starbuck’s real estate agent Delcour inquired about buying the land, Strouse responded that he was not interested in selling. When Delcour informed Strouse that there was a buyer, Strouse signed an “Authorization to Show Property to Terry Starbuck only.” The parties later executed a purchase agreement, which included a liquidated damages clause for 10 percent of the purchase price of $225,000. Starbuck could not close on the sale because he was not able to obtain the necessary financing. At trial, Strouse testified that Delcour’s wife had told other prospective buyers that the property had been sold and that this precluded him from selling to someone else. The trial judge ruled for Starbuck without findings of fact or conclusions of law. Strouse appealed.

Rule of Law

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Issue

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Holding and Reasoning (Prewitt, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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