SOUTHWEST ENGINEER. CO. v. REORGANIZED SCH. DIST. R-9

No. 8690.

434 S.W.2d 743 (1968)

SOUTHWEST ENGINEERING COMPANY, a corporation, Plaintiff-Respondent, v. REORGANIZED SCHOOL DISTRICT R-9, LAWRENCE COUNTY, MARIONVILLE, Missouri, Defendant-Appellant, A. J. Industries, Inc., a corporation, d/b/a Reynolds Mfg. Co., Defendant-Respondent, and Fenestra, Incorporated, a corporation, Defendant-Respondent.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or for Transfer Denied December 2, 1968.

Application to Transfer Denied January 13, 1969.


Attorney(s) appearing for the Case

J. Hal Moore, Moore & Pettit, Aurora, for defendant-appellant.

Horace S. Haseltine, Carl E. Yates, Lincoln, Haseltine, Forehand & Springer, Springfield, for plaintiff-respondent.


Motion for Rehearing or for Transfer to Supreme Court Denied December 2, 1968.

HOGAN, Presiding Judge.

This is an action for the balance due on a building contract. On April 19, 1961, the plaintiff and the defendant School District entered into a contract in which the plaintiff agreed to construct an elementary school building in Marionville for the price of $133,989.00. The building was to be completed on November 15, 1961, but the plaintiff contractor encountered...

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