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M & W MASONRY CONST., INC. v. HEAD

No. 48321.

562 P.2d 957 (1976)

M & W MASONRY CONSTRUCTION, INC., an Oklahoma Corporation, Appellant, v. John HEAD et al., Appellees.

Court of Appeals of Oklahoma, Division 2.

Rehearing Denied July 13, 1976.

Certiorari Denied March 25, 1977.

Released for Publication March 31, 1977.

Attorney(s) appearing for the Case

Ronald D. Fulkerson, Oklahoma City, for appellant.

Charles L. McBride, Stillwater, for appellee John Head d/b/a Head Construction Co.

Released for Publication by Order of Court of Appeals March 31, 1977.

BRIGHTMIRE, Judge.

A masonry subcontractor brought this action to recover $10,810 it claims is due for 94,000 bricks laid in veneering an apartment building in Stillwater, Oklahoma. The trial court, in the jury-waived case, sustained a demurrer to its evidence and then rendered an $11,668.67 net "excess cost" (supracontract cost) judgment on defendants...

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