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STATE EX REL. COMMUNITY HEAT. & A. C. CO. v. SCHWARTZ

No. 33434.

452 S.W.2d 243 (1970)

STATE of Missouri on the relation and to the Use of COMMUNITY HEATING AND AIR CONDITIONING COMPANY, Inc., Plaintiff-Appellant, v. Helen M. SCHWARTZ, Administratrix of the Estate of Charles M. Schwartz, Deceased, and Maryland Casualty Company, a Corporation, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

February 24, 1970.

Attorney(s) appearing for the Case

Hayes & Hayes, St. Louis, for plaintiff-appellant.

Dubinsky & Duggan, St. Louis, for defendants-respondents.

DOWD, Judge.

This is a suit in equity for an accounting against an administratrix of an estate and the surety on the administratrix's bond. The suit is based upon a written contract allegedly made between Community Heating and Air Conditioning Company and Charles M. Schwartz, now deceased. The contract (plaintiff's exhibit 1) was pleaded in the petition verbatim. This contract was dated June 9, 1966 and the pertinent part...

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