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McKEE CONST. v. STANLEY PLUMBING

No. 17630.

828 S.W.2d 700 (1992)

McKEE CONSTRUCTION COMPANY and the City of Joplin, Missouri, ex rel. and to the use and benefit of McKee Construction Company, Plaintiff-Appellant, v. STANLEY PLUMBING & HEATING COMPANY, a Missouri corporation, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Rehearing Denied April 29, 1992.

Attorney(s) appearing for the Case

John R. Sims, Greg R. Bridges, Ruyle and Sims, Neosho, for plaintiff-appellant.

Walter E. Williams, Joplin, for defendant-respondent.

MAUS, Judge.

McKee Construction Company, (McKee) filed this action against Stanley Plumbing & Heating Company, (Stanley) seeking the balance of payment for excavation work done by McKee for Stanley. Stanley filed a motion for summary judgment alleging there had been an accord and satisfaction. That motion for summary judgment was granted. McKee appeals. The following is a brief summary of the facts necessary for the...

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