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BURGER v. WOOD

Nos. 8869, 8872.

446 S.W.2d 436 (1969)

A. C. BURGER d/b/a Midwest Contractors-Builders, Plaintiff-Appellant, v. Glenn E. WOOD and Lawrence P. Piper, Defendants-Appellants.

Springfield Court of Appeals, Missouri.

October 9, 1969.

Attorney(s) appearing for the Case

Morgan M. Moulder, Camdenton, for plaintiff-appellant.

Neale, Newman, Bradshaw & Freeman, O. J. Taylor, Springfield, for defendants-appellants.

STONE, Judge.

This action was brought by plaintiff, A. C. Burger d/b/a Midwest Contractors-Builders, on an express oral contract with defendants, Glenn E. Wood and Lawrence P. Piper, pursuant to which plaintiff laid a hot mix asphaltic cement (asphalt) driveway from Route HH in Camden County, Missouri, to serve defendants' homes in Crestwood Acres, Horseshoe Bend Addition, a timbered tract bordering on that highway. By an affirmative plea of recoupment

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