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SHARP BROS CONTRACT. CO. v. COMMERCIAL RESTORATION

No. 23119.

334 S.W.2d 248 (1960)

SHARP BROTHERS CONTRACTING COMPANY, a Corporation, Appellant, v. COMMERCIAL RESTORATION, INC., a Corporation, Respondent.

Kansas City Court of Appeals, Missouri.

April 4, 1960.

Attorney(s) appearing for the Case

Harry P. Thompson, Jr., Thomas J. Leittem, Kansas City, for appellant.

Irving Kuraner, Kansas City, Kuraner, Freeman, Kuraner, Oberlander & Lamkin, Kansas City, of counsel, for respondent.

MAUGHMER, Commissioner.

We have here a jury waived case. Plaintiff claims damages based upon defendant's nonperformance under an offer or under a subcontract which plaintiff asserts defendant made and entered into with plaintiff. The petition contains three counts, each alleging entry into the contract, each claiming alternatively $8,000 damages and respectively seeking recovery for breach of the contract, under estoppel and unjust enrichment. Defendant by its answer...

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