FORSYTHE v. STARNES

No. 37766.

554 S.W.2d 100 (1977)

Jim FORSYTHE, Plaintiff-Respondent, v. Thomas E. STARNES and Shirley Starnes, Defendants-Appellants.

Missouri Court of Appeals, St. Louis District, Division Three.

Motion for Rehearing and/or Transfer Denied July 21, 1977.


Attorney(s) appearing for the Case

Roberts & Roberts, Geoffrey L. Pratte, Farmington, for defendants-appellants.

Charles W. Medley, James A. Alexander, Farmington, for plaintiff-respondent.


WEIER, Judge.

Plaintiff Jim Forsythe filed suit against defendants Thomas and Shirley Starnes, husband and wife, seeking to enforce a mechanic's lien and to recover on contract for work performed in building a house for Mr. and Mrs. Starnes. Defendants filed a general denial and counterclaimed alleging faulty and incomplete performance by plaintiff in Count I. In Count II defendants alleged a fraudulent change in the specifications from a five ton to a three and one...

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