CURE v. CITY OF JEFFERSON

No. 51312.

396 S.W.2d 727 (1965)

William D. CURE and Ernest F. Linhardt, d/b/a Cure-Linhardt Construction Company, Appellants, v. CITY OF JEFFERSON, Respondent.

Supreme Court of Missouri, Division No. 1.

December 13, 1965.


Attorney(s) appearing for the Case

Tweedie Fisher, Jefferson City, for appellants.

Thomas P. Rose, P. Pierre Dominique, Jefferson City, for respondent.


WELBORN, Commissioner.

This is an action by the general contractors under a contract with the City of Jefferson for the construction of a parking facility. The petition sought $62,898.96 for removal of rock in excavation for the project. A judgment in favor of the city upon its motion for summary judgment was reversed by this court for the reason that the cause was not properly determinable under such procedure. 380 S.W.2d 305....

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