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SANDERS CO. PLUMBING v. CITY OF INDEPENDENCE

No. WD 34714.

694 S.W.2d 841 (1985)

SANDERS COMPANY PLUMBING AND HEATING, INC., Appellant, v. CITY OF INDEPENDENCE, Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied July 30, 1985.

Application to Transfer Denied September 10, 1985.

Attorney(s) appearing for the Case

Richard W. Miller (argued), Kevin E. Glynn and Stephen J. Dennis, Kansas City, for appellant.

Joe F. Willerth (argued), George E. Kapke, Independence, for respondent.

Before LOWENSTEIN, P.J., and SOMERVILLE and NUGENT, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied July 30, 1985.

NUGENT, Judge.

The jury found in plaintiff's favor on two counts for misrepresentation based upon a contract to build a sewer and a change order adopted regarding that construction. The trial court granted the defendant municipality a judgment notwithstanding the verdict on both counts. We reverse, reinstate the verdict on Count II, and remand for new trial with directions...

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