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M. N. BERRY COMPANY v. GAY

434 S.W.2d 43 (1968)

M. N. BERRY COMPANY, Inc., Appellant, v. Leslie C. GAY et ux., Appellees.

Court of Appeals of Kentucky.

November 8, 1968.

Attorney(s) appearing for the Case

Bruce H. Phillips, Monticello, for appellant.

J. Milton Luker, Luker, Luker & Roberts, London, for appellees.

EDWARD P. HILL, Judge.

The appeal is from a judgment dismissing appellant's complaint in which it sought to recover $3,579.04 from appellees for plumbing and other fixtures installed in appellees' new house. The work was not done by contract with appellees but under an independent contractor, Hayes Perkins.

The complaint, filed January 15, 1964, alleged a contract with Perkins "ratified" by appellees; that the material and labor were furnished between March...

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