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BERKEL & CO. CONTRACTORS v. JEM DEV.

No. 15195.

740 S.W.2d 683 (1987)

BERKEL & COMPANY CONTRACTORS, INC., Plaintiff-Appellant, v. JEM DEVELOPMENT CORPORATION, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Rehearing Denied December 1, 1987.

Attorney(s) appearing for the Case

Patrick K. McMonigle, Janet I. Blauvelt, Dysart, Taylor, Penner, Lay & Lewandowski, P.C., Kansas City, Malcolm H. Montgomery, Downs, Johnson & Montgomery, Cape Girardeau, for plaintiff-appellant.

Daniel T. Moore, Poplar Bluff, for defendant-respondent.

HOLSTEIN, Judge.

Appellant Berkel & Company Contractors, Inc. (Berkel) filed an action based upon contract and quantum meruit alleging it had performed services under a contract with Respondent JEM Development Corporation (JEM) for which it had not been paid. Following a jury verdict for Berkel, the trial court entered a judgment notwithstanding the verdict in favor of JEM. The basis of the court's judgment was that Berkel had failed to prove its legal existence...

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