Snowden v. Gaynor, 710 S.W.2d 481 (1986)

Citation: Snowden v. Gaynor, 710 S.W.2d 481 (1986)
Parent Document: Snowden v. Gaynor, 710 S.W.2d 481 (1986)
Jurisdiction: Missouri (state)
Effective Date: 1986-05-20
Original Source: https://www.courtlistener.com/opinion/2432023/snowden-v-gaynor/ ↗

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This case, however, is fundamentally different than those. We have pointed out that in those cases, the buyers retained the property, while here the builder-vendor got it back. Indeed, in this case, plaintiff — who, it will be remembered, asked, in Count I of his petition, that the court declare the agreement null and void — received relief compatible with rescission, as he recovered the property and, after paying the damages awarded defendant on Count II of her counterclaim, will still have $2,175 of defendant’s money to indemnify him for the 19 months defendant held the property. The trial court’s judgment, in our opinion, is fair to both parties, and we cannot conceive any other result that would have, in the circumstances of this case, better served the interests of justice. Judgment affirmed. PREWITT, C.J., HOGAN, P.J., and MAUS, J., concur. 1

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