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B.A. SALES, INC. v. MURRAY

No. 28288.

274 S.W.3d 475 (2008)

B.A. SALES, INC., Plaintiff-Respondent, v. Fred MURRAY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

October 3, 2008.

Attorney(s) appearing for the Case

Richard L. Rollings, Jr., Camdenton, Kenneth O. McCutcheon, Jr., Versailles, for Appellant.

Clarence W. Hawk, Osage Beach, for Respondent.

NANCY STEFFEN RAHMEYER, Judge.

B.A. Sales, Inc. ("Respondent") contracted with Fred Murray ("Appellant") to provide grading and excavation services for Respondent. After Appellant completed the excavation, a dispute arose regarding the actual number of cubic yards of material excavated and the amount owed by Respondent to Appellant. Respondent brought suit against Appellant seeking reimbursement for overpayment; Appellant

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