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WILLIAMS CONST., INC. v. WEHR CONST.

No. SD 31542.

403 S.W.3d 660 (2012)

WILLIAMS CONSTRUCTION, INC., Plaintiff-Respondent, v. WEHR CONSTRUCTION, L.L.C., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

November 8, 2012.

Attorney(s) appearing for the Case

Richard E. Walters , Springfield, MO, for Appellant.

Jason Coatney , Springfield, MO, for Respondent.

JEFFREY W. BATES, J.

Wehr Construction, L.L.C. (Wehr) appeals from a judgment awarding damages for breach of contract to Williams Construction, Inc. (Williams). Wehr contends the trial court erred by: (1) finding Wehr's termination of a purchase order was a breach of the agreement when Williams' earlier noncompliance with the agreement's terms was the first breach; and (2) awarding damages for lost profits and overhead expenses. The trial court correctly determined...

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