MANUFACTURERS CASUALTY INS. CO. v. SHO-ME POWER CORP.

No. 1461.

157 F.Supp. 681 (1957)

MANUFACTURERS CASUALTY INSURANCE CO., a corporation, Plaintiff, v. SHO-ME POWER CORPORATION, a corporation, Defendant.

United States District Court W. D. Missouri, S. D.

December 30, 1957.


Attorney(s) appearing for the Case

Turner White, III, of Chinn & White, Springfield, Mo., G. F. Branigin, Franklin, Ind., for plaintiff.

Gregory S. Stockard of Stockard & Stockard, Jefferson City, Mo., Robert L. Gideon of Gideon & Mahnkey, Branson, Mo., for defendant.


R. JASPER SMITH, District Judge.

This is an action brought by plaintiff as assignee of Boyd Lemley, doing business as Franklin Electric Company, to recover from defendant $19,350, or so much thereof as was not offset by proved damages, withheld by defendant under the provisions of a contract between Lemley and defendant, by which defendant was to retain as liquidated damages the sum of $100 per day for each day Lemley delayed completion of an electric transmission...

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