Chapman set to hear motions in suit over real estate purchase Monday

Amelia Flood Jul. 8, 2011, 10:12am

Madison County Associate Judge Thomas Chapman is set to preside over all pending motions in a couple's breach of contract suit filed over their purchase of property located in Camden County, Mo.

At least one move – a motion to restore immediate possession of the subject real estate – is pending in the case filed by plaintiffs Richard and June Gross against Gary and Davi Claxton.

The hearing is set for 1 p.m. on July 11.

The Grosses filed suit earlier this year seeking damages in excess of $1 million in damages and other relief.

In their five-count suit, the plaintiffs allege that they entered in a Contract for Deed in November 2004 with the Claxtons whereby the Grosses agreed to sell the Camden County property to the defendants.

The plaintiffs allege that they were to receive the final payment for the property on Dec. 1, 2010.

The Grosses claim the Claxtons did not pay as promised.

The plaintiffs claim that they then served the defendants with a notice of default on Dec. 7, 2010 as well as a notice of intention to declare forfeiture of all rights under the contract for deed.

The plaintiffs contend that the Claxtons had a warranty deed notarized and filed in Camden County without the plaintiffs' knowledge and in violation of provisions in the Contract for Deed.

That filing, the plaintiffs contend, constitutes a breach of contract.

The plaintiffs seek, in addition to the monetary damages, a declaration terminating the November 2004 contract, an order seeking the immediate forfeiture of any interest the defendants have in the sale of the real estate, a quit claim deed, costs, and attorney's fees.

The Grosses are also seeking punitive damages and injunctive relief.

The Grosses filed a motion May 26 asking that the real estate at the Lake of the Ozarks in Camden County be transferred back to their control.

They claim the Claxtons have wrongfully withheld possession of the property from them and continue to occupy it.

The plaintiffs ask for an order demanding the defendants surrender the property to the Grosses, remove their personal property from it, and leave all of the Grosses' personal property intact.

The plaintiffs also seek $1,000 per month as a penalty for every month until the Claxtons vacate the property as well as attorney's fees.

Chapman took over the case when it was reassigned to him from Madison County Circuit Judge Andreas Matoesian's docket in June.

Christopher Hunter represents the Grosses.

Clifford Emons represents the Claxtons.

The case is Madison case number 11-L-164.

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