Legal Opinion

Ball v. Friese Construction Co.

Missouri Court of Appeals

Decided September 20, 2011No. ED 95984PublishedCited by 8 opinions

1Opinion of the CourtSherri B. Sullivan, J.

Introduction

Timothy Ball (Appellant) appeals from the circuit court’s entry of summary judgment in favor of Friese Construction Co. (Respondent) on Appellant’s petition seeking damages for breach of the implied warranty of habitability, fraud and violations of the Missouri Merchandising Practices Act. The circuit court found that Appellant’s claims were barred by the statute of limitations. We affirm.

Factual and Procedural Background

On June 26, 2000, Appellant and Respondent entered into a contract for the construction of a single-family home located in St. Charles County. Respondent was the…

2Cases cited10 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Business Men's Assurance Co. of America v. GrahamSupreme Court of Missouri · 1999
  3. Powel v. Chaminade College Preparatory, Inc.Supreme Court of Missouri · 2006
  4. STATE EX REL. MARIANIST PROVINCE OF UNITED STATES v. RossSupreme Court of Missouri · 2008
  5. Citibrook II, L.L.C. v. Morgan's Foods of Missouri, Inc.Missouri Court of Appeals · 2007

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3Cited by8 opinions

  1. Simon Mahanna v. U.S. Bank National Assoc.Court of Appeals for the Eighth Circuit · 2014
  2. Smock v. Associated Elec. Coop., Inc.Missouri Court of Appeals · 2018
  3. Christopherson v. BushnerDistrict Court, W.D. Missouri · 2021
  4. City of Carthage, Missouri v. Union Pacific Railroad CompanyDistrict Court, W.D. Missouri · 2022
  5. Jo Levitt v. Merck & CompanyCourt of Appeals for the Eighth Circuit · 2019

3 more not listed; retrieve them via the Exa API.

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