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HOWARD CONST. CO. v. JEFF-COLE QUARRIES, INC.

No. WD 34001.

669 S.W.2d 221 (1983)

HOWARD CONSTRUCTION COMPANY, Plaintiff-Appellant, v. JEFF-COLE QUARRIES, INC., Defendant-Respondent.

Missouri Court of Appeals, Western District.

As Modified December 28, 1983.

Motion for Rehearing and/or Transfer to Overruled and Denied December 28, 1983.

Application for Transfer Sustained January 17, 1984.

Case Retransferred May 21, 1984.

Opinion Readopted May 25, 1984.

Attorney(s) appearing for the Case

John W. Ellinger, Jefferson City, for plaintiff-appellant.

David Brydon, Johnny K. Richardson, Hawkins, Brydon & Swearengen P.C., Jefferson City, for defendant-respondent.

Before CLARK, P.J., and DIXON and NUGENT, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied December 28, 1983.

Court of Appeals Opinion Readopted May 25, 1984.

NUGENT, Judge.

This case arose out of an action brought by Howard Construction Company (hereinafter "Howard Construction" or "Plaintiff") against Jeff-Cole Quarries, Inc. (hereinafter "Jeff-Cole" or "Defendant"), seeking damages on a breach of contract theory (Count I), or in the alternative, a promissory estoppel...

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