BERNARD McMENAMY, ETC. v. MO. STATE HIGHWAY COMM'N

No. 29687.

582 S.W.2d 305 (1979)

BERNARD McMENAMY CONTRACTORS, INC., a Missouri Corporation, Plaintiff-Respondent, v. MISSOURI STATE HIGHWAY COMMISSION, Defendant-Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 11, 1979.

Application to Transfer Denied July 17, 1979.


Attorney(s) appearing for the Case

Bruce A. Ring, Richard L. Tiemeyer, Jefferson City, for defendant-appellant.

Robert L. Hyder, Hyder & McHenry, William A. Spencer, Jefferson City, for plaintiff-respondent.

Before HIGGINS, Special Judge, Presiding, PRITCHARD, J., and WELBORN, Special Judge.


Motion for Rehearing and/or Transfer to Supreme Court Denied June 11, 1979.

ROBERT R. WELBORN, Special Judge.

Action by contractor on highway construction project to recover damages for breach of warranty of plans and for breach of contract. On a trial to the court, judgment was entered for plaintiff for an aggregate amount of $418,904.41, with interest at the rate of 6% from the date of filing of plaintiff's petition.

In August, 1969, the Missouri...

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