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SCHMELIG CONST. CO. v. MO. STATE HIGHWAY COM'N

No. KCD 27146.

543 S.W.2d 265 (1976)

SCHMELIG CONSTRUCTION CO., INC., a corporation, Appellant, v. MISSOURI STATE HIGHWAY COMMISSION, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied October 12, 1976.

Application to Transfer Denied December 13, 1976.

Attorney(s) appearing for the Case

Speer, Herzog & Ponfil, Theodore D. Ponfil, St. Louis, for appellant.

Bruce A. Ring, Alfred K. Morlan, Jefferson City, for respondent.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 12, 1976.

ROBERT R. WELBORN, Special Judge.

Schmelig Construction Co., Inc., brought suit against the Missouri State Highway Commission, seeking $124,191.10 damages for breach of warranty of plans and specifications on a highway project contract and for breach of contract. On a jury waived trial, the court found for defendant. This appeal followed.

In 1968, the Missouri State Highway...

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