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H & B MASONRY CO., INC. v. DAVIS

Nos. ED 76251, ED 76252.

32 S.W.3d 120 (2000)

H & B MASONRY CO., INC., Respondent/Cross-Appellant, v. Larry DAVIS and Jeff Aubuchon d/b/a Stix & Steins, A Partnership, Respondents/Cross-Respondents, and F.F. Kirchner, Inc., Appellant/Cross Respondent.

Missouri Court of Appeals, Eastern District, Southern Division.

June 13, 2000.

Attorney(s) appearing for the Case

W. Dudley McCarter, Clayton, for appellant.

Terry R. Rottler, Ste. Genevieve, Jack Davis, Park Hills, for respondents.

LAWRENCE E. MOONEY, Judge.

F.F. Kirchner ("Kirchner") appeals the trial court's judgment in favor of H & B Masonry Co., Inc. ("H & B") and Larry Davis and Jeff Aubuchon ("Davis and Aubuchon") and against Kirchner in the amount of $10,000, arising from a contractual dispute between the parties. According to Kirchner, the trial court: (1) misapplied Missouri law in awarding damages against Kirchner in the amount of $10,000 based upon a diminution-of-value measure...

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