WHALEN CONST. & EQUIPMENT CO. v. GRANDVIEW BANK AND TRUST CO.

Nos. 10531, 10543.

578 S.W.2d 69 (1979)

WHALEN CONSTRUCTION AND EQUIPMENT COMPANY, INC., Plaintiff-Respondent, v. GRANDVIEW BANK AND TRUST COMPANY and Robert B. Riss, as Executors of the Estate of Richard R. Riss, Sr., Robert B. Riss and Louise Wells, Individually, and Robert B. Riss and Grandview Bank and Trust Company, as Trustees under the Will of Richard R. Riss, Sr., Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

February 20, 1979.


Attorney(s) appearing for the Case

Thomas E. Ruzicka, Olathe, Kan., John W. Fink, Joplin, for plaintiff-respondent.

Robert C. Barry, Kansas City, for defendants-appellants.


BILLINGS, Judge.

Suit in quantum meruit and for mechanic's lien for improvements to land. Counterclaim for breach of contract. Trial was to the court and plaintiff was awarded damages and a lien. Judgment was entered against defendant1 on his counterclaim. Both parties appealed. We reverse the judgment entered on plaintiff's petition and affirm as to the counterclaim.

Plaintiff is a Kansas...

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