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HOWARD CONST. CO. v. BENTLEY TRUCKING, INC.

No. WD 64848.

186 S.W.3d 837 (2006)

HOWARD CONSTRUCTION COMPANY, Appellant, v. BENTLEY TRUCKING, INC., Respondent.

Missouri Court of Appeals, Western District.

March 28, 2006.

Attorney(s) appearing for the Case

Scott Henry Murphy, Kansas City, MO, for appellant.

Gerard H. Donovan, Kansas City, MO, for respondent.

Before HARDWICK, P.J., BRECKENRIDGE and SPINDEN, JJ.

PATRICIA BRECKENRIDGE, Judge.

Howard Construction Company appeals the trial court's denial of its motion for a new trial following a jury verdict against it on its claim for breach of contract against Bentley Trucking and in favor of Bentley on Bentley's counterclaim for action on account. Howard raises two points on appeal. In its first point, Howard claims the trial court erred in refusing to submit its proposed jury instruction on breach of the implied warranty...

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