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ARST v. MAX BARKEN, INC.

Nos. 45851, 45911.

655 S.W.2d 845 (1983)

David P. ARST and Maxine E. Arst, his Wife, Plaintiffs-Appellants, v. MAX BARKEN, INC., Defendant-Respondent, Third-Party Plaintiff, v. REITZ & JENS, INC., and The Freeman Contracting Company, Inc., Third-Party Defendants.

Missouri Court of Appeals, Eastern District, Division Two.

August 2, 1983.

Attorney(s) appearing for the Case

Michael J. McKittrick, Clayton, for plaintiffs-appellants.

Bernard A. Barken, Clayton, for respondent.

Ralph Kleinschmidt, St. Louis, for Freeman Contracting.

W.H. Copeland, Clayton, for Reitz & Jens.

Edward S. Meyer, St. Louis, for 3rd Party.

DOWD, Chief Judge.

On March 5, 1981, plaintiff-appellants David and Maxine Arst brought suit against respondent Max Barken, Inc. for breach of express and implied warranties in the construction of their residence, and for breach of a subsequent agreement to repair. Respondent filed a third party petition against Reitz & Jens, Inc. and Freeman Contracting Company. On May 13, 1982, the trial court sustained respondent's motion for summary judgment and this appeal...

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