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DELONG PLUMBING TWO v. 3050 N. KENWOOD LLC

No. SD 29589.

304 S.W.3d 784 (2010)

DELONG PLUMBING TWO, INC., Plaintiff-Respondent, v. 3050 N. KENWOOD LLC, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

March 8, 2010.

Attorney(s) appearing for the Case

Richard L. Rollings, Jr., Camdenton, MO, for Appellant.

J. Matthew Miller and John R. Lightner, Springfield, MO, for Respondent.

DON E. BURRELL, Judge.

DeLong Plumbing Two, Inc. ("DeLong") performed certain plumbing work on property owned by 3050 N. Kenwood, LLC ("Appellant"). When Appellant refused to pay for the work, DeLong sued Appellant for breach of contract and in quantum meruit. Appellant responded with an affirmative defense and counterclaim that alleged it suffered damages due to DeLong's negligence in performing the repairs. Following a bench trial on October 17, 2008, the trial...

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