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M. F. A. MUTUAL INSURANCE CO. v. GULF INSURANCE CO.

No. 53768.

445 S.W.2d 829 (1969)

M. F. A. MUTUAL INSURANCE COMPANY, a Corporation, Appellant, v. GULF INSURANCE COMPANY, a Corporation, and Mike Maksin and Lela J. Maksin, Respondents, Earl M. Parker, Appellant, Respondent.

Supreme Court of Missouri, Division No. 2.

October 28, 1969.

Attorney(s) appearing for the Case

Adolph K. Schwartz, St. Louis, for M. F. A. Mutual Insurance Company, appellant (plaintiff).

Willson, Cunningham & McClellan, J. H. Cunningham, Jr., St. Louis, for respondent, Gulf Insurance Company.

Thurman, Nixon, Smith & Howald, Louis Jerry Weber, Hillsboro, for defendant-appellant.

STOCKARD, Commissioner.

Mike and Lela Maksin (hereafter referred to as "owners") entered into a contract with Earl M. Parker (hereafter referred to as "contractor") for the construction of a house on land owned by them for a total price of $28,000, with additional payments for extras ordered by owners. Payments by owners to the contractor were to be made in the amounts and at the times provided for in the contract as the...

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