Corning Bank v. Hager, 10516

Decision Date10 January 1978
Docket NumberNo. 10516,10516
Citation560 S.W.2d 892
PartiesThe CORNING BANK, a Banking Corporation, Plaintiff-Appellant, v. Gerald HAGER, Defendant-Respondent.
CourtMissouri Court of Appeals

Ted M. Henson, Jr., Scott & Henson, Poplar Bluff, for plaintiff-appellant.

Ronald L. Little, Little, Million & Terando, Poplar Bluff, for defendant-respondent.


Plaintiff is the assignee of Nationwide Building Contractors, Inc. (Nationwide). On October 18, 1974, defendant and Nationwide entered into a written contract under which Nationwide was to provide the labor and materials incident to the erection of a steel building according to certain specifications. The contract price was $29,140 payable in three installments. The first installment ($7,285) was paid by defendant on execution of the contract.

The building was only partially completed. Plaintiff sued for the balance of the contract price. The answer of defendant alleged, among other things, that the building was not constructed in accordance with the specifications, that the portion of the building which was completed was of no value, and that Nationwide had abandoned the contract. The trial court, sitting without a jury, rendered judgment in favor of defendant. Plaintiff appeals.

Plaintiff's first "point relied on" is that the trial court erred in failing to render "a brief opinion containing a statement of the grounds for its decision," Rule 73.01 para. 1(b), although the court had been requested to do so before final submission of the case. After the case was lodged here, this court, by order, directed that the appeal be held in abeyance and the cause be remanded to the circuit court for the preparation by the trial court of the "brief opinion containing a statement of the grounds for its decision." This court's order also directed that the opinion of the trial court be filed with the clerk of this court and that counsel be furnished with copies.

The trial court, in compliance with the order of this court, prepared a written "opinion containing statement of grounds for trial court's decision." That opinion contained the statement that the trial court found the issues in favor of defendant on certain grounds. Among the grounds were these: Nationwide breached the contract by "failing to complete the building as called for in the contract and by failing to carry the work to completion as rapidly as (called for) in the contract"; Nationwide failed to obtain and install doors needed to complete the building and to protect it from wind damage; Nationwide did not pay its sub-contractors; plaintiff had no greater rights than Nationwide, its assignor. There was...

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3 cases
  • Tripp v. Harryman
    • United States
    • Missouri Court of Appeals
    • 11 Marzo 1981
    ...of the appellate judiciary. Barber v. M. F. A. Milling Co., 536 S.W.2d 208, 211(13) (Mo.App.1976). See also, Corning Bank v. Hager, 560 S.W.2d 892, 894 (Mo.App.1978). Defendants' sixth point is Defendants' seventh point relied on reads: "The judgment of the trial court wherein it sought to ......
  • Tudor v. Tudor
    • United States
    • Missouri Court of Appeals
    • 26 Mayo 1981
    ..."wherein and why" the judgment was wrong or "wherein and why" the evidence did not establish the sum due plaintiff. Corning Bank v. Hager, 560 S.W.2d 892, 894 (Mo.App.1978). It is also noted that to this point are cited three cases wholly impertinent thereto, which makes the presentation na......
  • Williford v. White
    • United States
    • Missouri Court of Appeals
    • 13 Julio 1979
    ...through the transcript on appeal and the argument portion of plaintiffs' brief. This we are not required to do. Corning Bank v. Hager, 560 S.W.2d 892, 894 (Mo.App.1978); Brewer v. Blanton, 555 S.W.2d 381, 386(12) (Mo.App.1977); Sears v. Kistner, 555 S.W.2d 74, 76(1) (Mo.App.1977); Barber v.......

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