Missouri Court of Appeals, Southern District / Jul 30, 2019
FOX CREEK CONSTRUCTION, INC., Plaintiff-Respondent v. OPIE'S LANDSCAPING, LLC, Defendant-Appellant
Fox Creek Construction, Inc. (Contractor) sued Opie's Landscaping, LLC (Opie) for breach of an oral contract to build a waterfall, seeking $40,250 in damages. The trial court found Opie breached the contract and awarded Contractor the requested damages. Opie appealed, challenging the measure of damages, the sufficiency of evidence, and the non-application of economic waste. The appellate court affirmed the trial court's judgment, finding no error in the measure of damages or the evidentiary support, and transferred the case to the Supreme Court of Missouri due to the importance of a preservation issue.