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CUSTOM CONTROL MFR., INC. v. MATNEY & CO., INC.

No. 25612.

480 S.W.2d 321 (1972)

CUSTOM CONTROL MANUFACTURER, INC., Respondent, v. MATNEY & CO., Inc., Appellant.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied May 11, 1972.

Attorney(s) appearing for the Case

Richard F. Adams, Kansas City (Slagle & Bernard, Kansas City, of counsel), for appellant.

William H. Bates and Terry W. Raney, Kansas City, Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, of counsel), for respondent.

PER CURIAM:

This appeal must be dismissed because the verdict of the jury and the judgment of the trial court did not dispose of the submitted issues of defendant's counterclaim. Civil Rule 74.01, V.A.M.R. Plaintiff's claim was based upon an express contract, as contained in its Count I and submitted to the jury, for recovery of the cost of material, plus 10% and interest for construction of an electrical panel. Defendant's counterclaim was for $9,364.31 damages,...

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