MCDOWELL V. SCHUETTE
610 S.W.2d 29 (1980)
NATURE OF THE CASE: This was a breach of a construction contract.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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