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WILSON v. NOTHUM

No. 12132.

637 S.W.2d 292 (1982)

Eugene WILSON, d/b/a Eugene Wilson Excavating, Plaintiff-Respondent, v. Robert C. NOTHUM and Audrey Nothum, husband and wife, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing Overruled and to Transfer Denied July 12, 1982.

Application to Transfer Denied September 13, 1982.

Attorney(s) appearing for the Case

Donald W. Jones and Mark L. McQueary, Jones, Keeter, Karchmer, Nelms & Sullivan, Springfield, for defendants-appellants.

No appearance for plaintiff-respondent.

Motion for Rehearing Overruled and to Transfer to Supreme Court Denied July 12, 1982.

PER CURIAM.

A Pulaski County jury found in favor of plaintiff on his petition for damages on a contract to construct a water pond on property owned by defendants, husband and wife, and returned a verdict in favor of plaintiff on the counterclaim of defendants.

The resolution of the conflicting testimony of the parties as to the terms of their oral agreement, the credibility...

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