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SMITH v. MALONE

No. 8059.

359 S.W.2d 38 (1962)

Cliff B. SMITH, d/b/a Town and Country Supply Company, Plaintiff-Appellant, v. L. M. MALONE, Defendant-Respondent.

Springfield Court of Appeals, Missouri.

July 11, 1962.

Attorney(s) appearing for the Case

Henley & Fowlkes, Fred L. Henley, Caruthersville, for plaintiff-appellant.

No brief or appearance on appeal, for defendant-respondent.

RUARK, Presiding Judge.

This is an appeal from an order setting aside a judgment and returning it to the trial docket.

Plaintiff sued for damages caused by breach of contract. As appears by the petition and the contract incorporated therein by reference, the plaintiff Smith (now appellant) had a contract to build a house for one Fowlkes according to certain plans and specifications. On June 2, 1960, Smith entered into a subcontract with defendant Malone (now...

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