RUST & MARTIN, INC. v. ASHBY

No. 13216.

671 S.W.2d 4 (1984)

RUST & MARTIN, INC., Plaintiff-Appellant, v. Roland ASHBY and Carolyn M. Ashby, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Three.

April 26, 1984.


Attorney(s) appearing for the Case

J. Michael Payne, Limbaugh, Limbaugh, Russell & Syler, Cape Girardeau, for plaintiff-appellant.

W.H. Winchester, III, Norton & Winchester, Sikeston, for defendants-respondents.


PREWITT, Judge.

The principal issue tried was whether plaintiff, who sought recovery of the balance of a contract price from defendants, breached that contract by improperly installing a herringbone pattern Permagrain floor. A jury verdict denied plaintiff any recovery and awarded defendants $3,500 on their counterclaim for breach of contract due to defective performance. Judgment was entered in accordance with the verdict...

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