DONOVAN v. ROTH

No. 49382.

700 S.W.2d 140 (1985)

Robert DONOVAN, Plaintiff-Respondent, v. Jerome E. and Ann M. ROTH, Defendants-Third Party Plaintiffs-Appellants, v. H & B MASONRY COMPANY, Third Party Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Southern Division.

October 29, 1985.


Attorney(s) appearing for the Case

Thomas L. Hoeh, Perryville, for defendants-third party plaintiffs-appellants.

Terry Robert Rottler, St. Genevieve, for plaintiff-respondent.

Roland A. Wegmann, Hillsboro, for third party defendant-respondent.


REINHARD, Judge.

The Roths appeal from a judgment for Donovan in the amount of $10,994.50 on his quantum meruit claim and from the dismissal with prejudice of their third party petition against H & B Masonry, Inc., at the close of the Roths' evidence, for failure to make a submissible case. We affirm.

In Donovan's quantum meruit action, he alleged that pursuant to a contract with the Roths he provided labor...

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