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SMITH v. RAY M. DILSCHNEIDER, INC.

No. 44604.

283 S.W.2d 631 (1955)

R. P. SMITH, d/b/a Cape Asphalt Paving Company, Appellant, v. RAY M. DILSCHNEIDER, Inc., a Corporation, Respondent.

Supreme Court of Missouri, Division No. 2.

November 14, 1955.

Attorney(s) appearing for the Case

R. P. Smith, Cape Girardeau, for appellant.

Elliott P. Koenig and Vern H. Schneider, St. Louis, Rassieur, Long & Yawitz, St. Louis, of counsel, for respondent Ray M. Dilschneider, Inc.

DEW, Special Judge.

The plaintiff sued to recover from the defendant the reasonable value of work and labor alleged to have been furnished to the defendant under a subcontract in the construction of an airport at Gideon, Missouri. The defendant filed an answer denying liability and pleading breach of the contract by plaintiff, and filed a counterclaim for damages for such breach. At the close of the plaintiff's evidence the defendant offered a motion for a directed...

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