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VARN CO. v. HAMILTONIAN FEDERAL SAVINGS & LOAN ASS'N

No. 56321.

488 S.W.2d 649 (1973)

The VARN COMPANY, a corporation, Plaintiff-Appellant, v. HAMILTONIAN FEDERAL SAVINGS AND LOAN ASSOCIATION OF FERGUSON, Defendant-Respondent.

Supreme Court of Missouri, Division No. 2.

January 8, 1973.

Attorney(s) appearing for the Case

Martin M. Green, Green & Lander, Clayton, for plaintiff-appellant.

Herbert E. Bryant, Stephen M. Hereford, Gentry, Bryant & Hereford, St. Louis, for defendant-respondent.

FINCH, Chief Justice.

Plaintiff, a home improvement contractor, obtained a judgment for $38,960, plus interest, allegedly placed in a reserve account by defendant for the benefit of plaintiff.1 The issue for determination on this appeal is whether the trial court correctly granted defendant a new trial as to Count I on the basis that plaintiff's verdict directing instruction (a modification of MAI 26.02) was prejudicially erroneous. We...

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