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CITY OF BELLEFONTAINE NEIGH. v. J. J. KELLEY R. & B. CO.

No. 33408.

460 S.W.2d 298 (1970)

CITY OF BELLEFONTAINE NEIGHBORS, a municipal corporation, Plaintiff-Respondent, v. J. J. KELLEY REALTY AND BUILDING COMPANY, a corporation, and National Surety Company, a corporation, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

Rehearing Denied November 30, 1970.

Attorney(s) appearing for the Case

Ziercher, Tzinberg, Human & Michenfelder, J. William Newbold, Clayton, for defendants-appellants.

Padberg, Raack, McSweeney & Slater, Godfrey Padberg, R. J. Slater, St. Louis, for plaintiff-respondent.

SMITH, Commissioner.

This matter reaches us on appeal from a judgment in a court-tried case in the amount of $4107.50 in favor of plaintiff, Bellefontaine Neighbors, a city of the fourth class, against defendant J. J. Kelley Realty and Building Company as principal, and National Surety Company as Surety.1

The cause of action of the City was based upon a contract between it and Kelley under which Kelley undertook the grading and...

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