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HUTCHENS v. BURRELL, INC.

No. WD 72838.

342 S.W.3d 399 (2011)

Melissa HUTCHENS, M.D., Respondent, v. BURRELL, INC., Appellant.

Missouri Court of Appeals, Western District.

June 14, 2011.

Attorney(s) appearing for the Case

H. A. Walther , Columbia, MO, for Appellant.

Mariam Decker and Bruce Farmer , Columbia, MO, for Respondent.

Before Division IV: LISA WHITE HARDWICK, Chief Judge, Presiding, and KAREN KING MITCHELL, Judge, and DONALD T. NORRIS, Special Judge.

KAREN KING MITCHELL, Judge.

This is a contract case. The plaintiff pled that she and the defendant agreed that she would provide the defendant services at a specified hourly rate. She did not plead a contract containing an open price term, nor did she ever plead a right of recovery in quantum meruit. At trial, the plaintiff admitted that she and the defendant never agreed that she would be paid a specified hourly rate for her services. The issue is whether the plaintiff...

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