SANDS v. R. G. McKELVEY BLDG. CO.

Nos. 39201, 39202.

571 S.W.2d 726 (1978)

Chester J. SANDS and Estella Sands, Plaintiffs-Appellants-Respondents, v. R. G. McKELVEY BUILDING Co., Defendant-Respondent-Appellant.

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

Motion for Rehearing and/or Transfer Denied October 13, 1978.

Application to Transfer Denied November 6, 1978.


Attorney(s) appearing for the Case

Robert E. Morley, O'Fallon, for plaintiffs-appellants-respondents.

L. W. Boschert, St. Charles, for defendant-respondent-appellant.


STEPHAN, Judge.

This suit arises from the construction of a home for Chester and Estella Sands in St. Peters, Missouri, by the R. G. McKelvey Building Company. Because the parties have filed cross appeals, they will be referred to as they appeared in the court below. Pursuant to a jury verdict plaintiffs Sands were awarded $3,000 in actual damages. For reasons hereinafter stated, we reverse and remand for a new trial.

Plaintiffs' petition in the circuit court...

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