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MOUND ROSE CORNICE & S. M. WKS. v. H. KALICAK CONST. CO.

No. 33671.

454 S.W.2d 603 (1970)

MOUND ROSE CORNICE & SHEET METAL WORKS, INC., Plaintiff-Respondent, v. H. KALICAK CONSTRUCTION COMPANY and Maryland Casualty Company, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

April 28, 1970.

Attorney(s) appearing for the Case

Friedman, Lawson & Burns, Clayton, for plaintiff-respondent.

Gerhard & Reardon, by Daniel P. Reardon, Jr., Greensfelder, Hemker, Wiese, Gale & Chappelow, by James L. Hawkins, John S. Marsalek, St. Louis, for defendants-appellants.

CLEMENS, Commissioner.

Summary judgment. The plaintiff-contractor, Mound Rose Cornice and Sheet Metal Works, Inc., sued the general contractor, H. Kalicak Construction Co., and its surety, Maryland Casualty Co., for the agreed price of materials and labor furnished by Mound Rose under an express oral contract with Kalicak. After the defendants had answered plaintiff Mound Rose moved for and got a $5,888.24 summary judgment against both the contractor and its surety...

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