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STATE PROP. & BLDG. COM'N v. H. W. MILLER CONST. CO.

385 S.W.2d 211 (1964)

STATE PROPERTY & BUILDINGS COMMISSION OF the DEPARTMENT OF FINANCE, etc., Appellants, v. H. W. MILLER CONSTRUCTION COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

December 18, 1964.

Attorney(s) appearing for the Case

Paul E. Tierney, Melbourne Mills, Jr., Frankfort, for appellants.

William H. Bixler, Hughes, Clark & Burke, Covington, for appellee.

PALMORE, Judge.

The State Property and Buildings Commission (KRS 56.450) sued appellee, H. W. Miller Construction Company, for damages in the amount of $4,447 resulting from an alleged breach of contract. At the close of plaintiff's evidence the trial court sustained defendant's motion for a directed verdict and entered judgment accordingly. The commission appeals.

The briefs present two issues, (1) interpretation of the contract and (2) sufficiency of the...

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