FIRESIDE MARSHMALLOW CO. v. FRANK QUINLAN CONST. CO.

No. 14990.

213 F.2d 16 (1954)

FIRESIDE MARSHMALLOW CO. v. FRANK QUINLAN CONST. CO.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied July 2, 1954.


Attorney(s) appearing for the Case

Arthur N. Nystrom, Kansas City, Mo. (Charles B. Blackmar and Blackmar, Newkirk, Eager, Swanson & Midgley, Kansas City, Mo., on the brief), for appellant.

Harry A. Hall, Kansas City, Mo., for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.


GARDNER, Chief Judge.

This is an appeal from a judgment dismissing appellant's complaint in an action brought by it to recover damages for the alleged breach of a contract for the laying of a Mastical truck floor. In this opinion we shall refer to the parties as they appeared in the trial court. Plaintiff had a contract with defendant for the laying of this floor in its marshmallow manufacturing plant and it was alleged that the floor as laid was not in accordance...

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