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McDOWELL v. MILLER

No. 10353.

557 S.W.2d 266 (1977)

William McDOWELL, d/b/a McDowell Asphalt Paving Co., Plaintiff-Respondent, v. Marsh C. MILLER, Defendant-Appellant, and Gladys S. Miller, Defendant.

Missouri Court of Appeals, Springfield District.

October 12, 1977.

Attorney(s) appearing for the Case

John Z. Williams, Williams & Smallwood, Rolla, for defendant-appellant.

Dan L. Birdsong, Routh, Thomas, Birdsong & Hutton, Rolla, for plaintiff-respondent.

FLANIGAN, Judge.

Plaintiff William McDowell, an individual doing business as McDowell Asphalt Paving Co., brought this action against Marsh C. Miller and Gladys S. Miller, husband and wife, for the balance allegedly due plaintiff for work and materials furnished in connection with the construction of a race track. The petition alleged that the defendants "have made some payments on the initial amount of $98,679.20" but refused to pay the balance due of $17,772.75...

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