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FORNEY v. MISSOURI BRIDGE AND CONCRETE

No. WD 61792.

112 S.W.3d 471 (2003)

Jay FORNEY d/b/a Forney Construction, Appellant, v. MISSOURI BRIDGE AND CONCRETE, INC., and Statewide Insurance Company and Republic Western Insurance Company, Respondents.

Missouri Court of Appeals, Western District.

August 19, 2003.

Attorney(s) appearing for the Case

Robert H. Schnieders, Oak Grove, for Appellant.

Kevin L. Wibbenmeyer, St. Charles, for Respondents.

Before JAMES M. SMART, P.J., ROBERT G. ULRICH and LISA WHITE HARDWICK, JJ.

ROBERT G. ULRICH, Judge.

Jay Forney appeals the judgment of the trial court awarding him $13,306.82 in damages on his breach of contract action against Missouri Bridge and Concrete. He claims that the trial court erred in awarding him $13,306.82 and in denying his motion for new trial on the issue of damages because the award, the amount owed for retainage, misapplied the law in that the proper measure of damages was the balance of the contract. The judgment of the...

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