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BURGDORFER ELECTRIC CO. v. VOYLES CONSTRUCTION CO.

Nos. 32844, 32845.

432 S.W.2d 387 (1968)

BURGDORFER ELECTRIC COMPANY, Plaintiff-Respondent-Appellant, v. VOYLES CONSTRUCTION COMPANY, Defendant-Appellant-Respondent, and Henry B. Classe and Helma Classe, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

September 17, 1968.

Attorney(s) appearing for the Case

Klamen & Weisman, Marvin Klamen, Clayton, for defendant-appellant-respondent.

Daniel P. Reardon and James K. Pendleton, St. Louis, for plaintiff-respondent-appellant.

CLEMENS, Commissioner.

This mechanic's lien case hinges on two issues: In proving a contract, may a party rely on his adversary's testimony of the agreed amount when that amount differs from his own testimony? And, is the dismissal of an original petition res judicata when the court does not then give plaintiff leave to amend?

Plaintiff (Burgdorfer), an electrical contracting company, got an $8,000 verdict and judgment against the corporate builder (Voyles...

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