On Motion for Rehearing or Transfer to Supreme Court Denied January 29, 1963.
DEW, Special Commissioner.
The plaintiff (appellant) sued respondent (defendant) Lawrence Frye and Jessie Frye, for services in the construction of a residence at Lake Ozark, Missouri. Prior to the trial Jessie Frye died and the cause proceeded as against defendant Lawrence Frye. The plaintiff's case was pleaded and tried on alternate theories of an oral contract (Count I) and on...
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