VIC KOEPKE EXCAV. & GR. CO. v. KODNER DEV. CO.

No. 60106.

571 S.W.2d 253 (1978)

VIC KOEPKE EXCAVATING & GRADING COMPANY, a corporation, Respondent, v. KODNER DEVELOPMENT COMPANY, a corporation, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 10, 1978.


Attorney(s) appearing for the Case

Alan G. Kimbrell, St. Louis, Stanley J. Goodkin, Clayton, for appellant.

Stefan J. Glynias, Clayton, for respondent.


SEILER, Judge.

We ordered this case transferred from the court of appeals, St. Louis district, largely to resolve a conflict in the case law over whether the issue of workmanlike performance is an indispensable component of plaintiff's verdict-directing instruction in an action on a contract.

Defendant is a general contractor. Plaintiff is a dirt-moving subcontractor. The parties had worked together on construction...

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