J.A. TOBIN CONST. v. STATE HWY. COM'N

No. WD 35423.

697 S.W.2d 183 (1985)

J.A. TOBIN CONSTRUCTION COMPANY, a Corporation, Respondent, v. STATE HIGHWAY COMMISSION OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied March 5, 1985.

Application for Transfer Sustained April 30, 1985.

Case Retransferred September 16, 1985.

Opinion Readopted October 22, 1985.


Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Jefferson City, Rich Tiemeyer, Asst. Chief Counsel, Tana Van Hamme, Asst. Counsel, Missouri Highway and Transp. Com'n, for appellant.

Michael P. Riley, Jefferson City, Carson, Monaco, Coil, Riley, & McMillin, P.C., for respondent.

Before KENNEDY, J.P., and DIXON and CLARK, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied March 5, 1985.

Court of Appeals Opinion Readopted October 22, 1985.

DIXON, Judge.

The Highway Commission appeals a jury verdict in favor of Tobin on a claim based on breach of a highway construction contract. The Commission claims error in (1) the refusal of its motion for a directed verdict; (2) the admission of evidence of Tobin's loss on the whole contract; (3) the admission...

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