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McDANIEL BROTHERS CONST. CO. v. MID-STATE CONST. CO.

No. 5-5971.

482 S.W.2d 825 (1972)

McDANIEL BROTHERS CONSTRUCTION COMPANY, Appellant, v. MID-STATE CONSTRUCTION CO., Appellee.

Supreme Court of Arkansas.

July 24, 1972.

Attorney(s) appearing for the Case

J. Winston Bryant and Wendell O. Epperson, Malvern, for appellant.

Joe W. McCoy, Malvern, for appellee.

FOGLEMAN, Justice.

Mid-State Construction Company sued McDaniel Brothers to recover $22,900.87 for dirt hauled to three housing project sites in Malvern, alleging that this balance was due on an oral contract. McDaniel Brothers denied owing Mid-State any balance and counterclaimed, seeking damages amounting to $10,215 for breach of contract. The jury's verdict on interrogatories resulted in a judgment of $12,500 in favor of Mid-State.

Appellant

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