FOX CREEK CONST. v. OPIE'S LANDSCAPING

No. SD 35668.

586 S.W.3d 831 (2019)

FOX CREEK CONSTRUCTION, INC., Plaintiff-Respondent, v. OPIE'S LANDSCAPING, LLC, Defendant-Appellant.

Missouri Court of Appeals, Southern District, en banc.

Retransferred to Missouri Court of Appeals November 8, 2019.

For Opinion after Retransfer, see 2019 WL 5861905.


Attorney(s) appearing for the Case

Attorney for Appellant — Russell Schenewerk of Branson, MO.

Attorneys for Respondent — Matthew W. Trokey of Branson, MO; Richard L. Schnake of Springfield, MO.


Opie's Landscaping, LLC ("Opie"), appeals the bench-trial judgment that ordered it to pay $40,250 to Fox Creek Construction, Inc. ("Contractor"). In three points, Opie claims the trial court erred by applying the wrong measure of damages to Contractor's breach of contract claim. Because Opie has failed to meet its burden...

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