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TXR, LLC v. STRICKER

No. SD 33036.

440 S.W.3d 541 (2014)

TXR, LLC, Plaintiff-Respondent, v. William E. "Wes" STRICKER and Pamela H. "Pam" Stricker, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Opinion on Motion for Rehearing or Transfer to Supreme Court Denied June 27, 2014.

Attorney(s) appearing for the Case

Anthony L. DeWitt , Edward D. Robertson, Jr. , and Mary D. Winter of Bartimus, Frickleton, Robertson & Gorny, PC, Jefferson City, MO, for appellants.

Cole D. Bradbury , of Curran, Bridges & Bridges, Osage Beach, MO, for respondent.

GARY W. LYNCH, Judge.

TXR, LLC ("TXR"), filed a petition against William E. "Wes" Stricker and Pamela H. "Pam" Stricker seeking recovery of money damages arising out of a written contract for TXR's design and construction services for the Strickers' new custom residence. As alleged in TXR's petition, section nine of the terms and conditions of the contract provided the following:

MEDIATION; ARBITRATION; JURISDICTION: Prior to arbitration, the parties...

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