HICKS v. PENISTON

No. 25554.

480 S.W.2d 522 (1972)

Ells HICKS d/b/a Hicks Painting Company, Respondent, v. George PENISTON, Appellant.

Missouri Court of Appeals, Kansas City District.

May 8, 1972.


Attorney(s) appearing for the Case

Patrick Horner, Auxvasse, for appellant.

Roger P. Krumm, Baker, Holt & Krumm, Fulton, for respondent.


SHANGLER, Chief Judge.

Plaintiff contractor agreed to paint the defendant's fence, a half-mile length of 242 round cedar posts set ten feet apart, strung with barbed and woven wire and intersticed by three frame gates and some panelling. This undertaking was arranged by Hottle, defendant's farm manager, and required only that the best possible result be achieved with one coat of paint. The kind of paint to be used and the method of performance, whether by hand brush...

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