MIDWEST PRECOTE COMPANY v. CLAY COUNTY

No. 45534.

303 S.W.2d 90 (1957)

MIDWEST PRECOTE COMPANY, a corporation, Appellant, v. CLAY COUNTY, Missouri, L. Madison Bywaters, Noah D. Hart and Ford White, Judges of the County Court of Clay County, Missouri, Kenneth Logan, O. M. Wren, and Russell L. Beamer, Commissioners of Birmingham Special Road District, Respondents.

Supreme Court of Missouri. Division No. 1.

Motion for Rehearing or to Transfer Denied June 10, 1957.


Attorney(s) appearing for the Case

Wherritt & Turpin, Alan F. Wherritt, William J. Turpin, Liberty, for appellant.

Francis G. Hale, Robert E. Coleberd, Liberty, for respondents, Clay County, L. Madison Bywaters, Noah D. Hart and Ford White, Judges of the County Court of Clay County.


Motion for Rehearing or to Transfer to Court en Banc Denied June 10, 1957.

COIL, Commissioner.

Appellant, plaintiff below, brought an action to recover the sum of $5,900.28 from Clay County, Missouri. Count 1 of the petition was a claim based upon an amount due for labor and materials furnished the Birmingham Special Road District of Clay County. Count 2 was an equitable claim based upon the theory that Clay County had been unjustly enriched by the receipt...

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