Mcdowell v. Schuette

610 S.W.2d 29 (1980)

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Nature of the Case

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Facts

Ps were in the construction business. They sued Schuette (D) to recover the balance due under a construction contract. A second count of the complaint was in quantum meruit for labor and materials that were not in the contract. D filed a counterclaim for damages because the work was not done in a good and workmanlike manner and was not timely completed. During trial, the court allowed a trip to the house with verbal admonishments and instructions. P prevailed for $14,150 on Count I and $5280 on Count 2 and D was awarded $2,600 on Count I of their counterclaim. D appealed.