ART METAL PRODUCTS CO. v. ROYAL EQUIPMENT CO.

No. WD 34710.

670 S.W.2d 152 (1984)

ART METAL PRODUCTS COMPANY OF CHICAGO, Respondent, v. ROYAL EQUIPMENT CO., Appellant, v. J.E. DUNN, JR. AND ASSOCIATES, Third-Party Defendant.

Missouri Court of Appeals, Western District.

April 24, 1984.


Attorney(s) appearing for the Case

Steven P. Denton and Eugene F. DeShazo of Denton & DeShazo, Kansas City, for Royal Equipment Co.

Keithley F.T. Lake, Kansas City, for Art Metal Pdts. Co.

Jeffrey B. Rosen of Miller & Glynn, P.C., Kansas City, for J.E. Dunn, Jr. and Associates, Inc.

Before PRITCHARD, P.J., and MANFORD and NUGENT, JJ.


MANFORD, Judge.

This is a civil action on account tried to the court without a jury. The judgment is affirmed as modified.

A sole point is presented, charging that the trial court erred in entering its judgment, because the judgment was against the weight of the evidence in that the same acts, which in the two contracts involved were performed by appellant, constituted either performance or breach in both contracts so that ultimate liability could not, as...

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