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MURRAY v. McCOY

Nos. 95-CA-000237-MR, 95-CA-000304-MR.

949 S.W.2d 613 (1996)

Roger MURRAY, Appellant, v. Charles Gary McCOY, Appellee. Charles Gary McCOY; and Mountain Metal Company, Inc., Appellants, v. Roger MURRAY; and Murray Construction and Development, Inc., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing September 27, 1996.

Discretionary Review Denied by Supreme Court August 27, 1997.

Attorney(s) appearing for the Case

James A. Combs, Prestonsburg, for Charles Gary McCoy and Mountain Metal Co., Inc.

Thomas W. Moak, Prestosburg, for Roger Murray and Murray Construction & Development, Inc.

Before EMBERTON, JOHNSON and MILLER, JJ.

EMBERTON, Judge.

Gary McCoy contracted with Murray Construction for the building of a house in Floyd County. The contract provided the cost of the completed house would be $212,190, and was to be completed within 180 days. Construction began on June 13, 1984. Following numerous delays and construction problems, on January 15, 1986, McCoy terminated Murray and refused to pay $72,000 then claimed to be owed on the contract. Murray filed suit to recover the amount owed...

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