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F. C. PREUITT CONST. CO., INC. v. DOTY

No. KCD 27341.

536 S.W.2d 908 (1976)

F. C. PREUITT CONSTRUCTION CO., INC., Respondent, v. Roy DOTY and Charles Soetaert d/b/a Overland Excavating Company, Appellants.

Missouri Court of Appeals, Kansas City District.

May 3, 1976.

Attorney(s) appearing for the Case

Charles A. Lewis, Connaughton & Lewis, Kansas City, for appellants.

Charles R. Svoboda, Kansas City, for respondent; Fred A. Murdock, Kansas City, of counsel, on brief.

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.

SWOFFORD, Judge.

This is an action for damages based upon an alleged breach of an oral contract. The respondent (hereafter Preuitt) was the general contractor for the construction of an addition to the Ervin Junior High School, Raytown, Missouri, and the oral contract sued upon covered certain excavation, grading and other earth work to be done by the appellants (hereafter Overland) as subcontractor on said construction. Overland filed a counterclaim seeking the sum...

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