Gillioz v. Missouri State Highway Commission

Action to recover $32,500 held back by defendant as liquidated damages under a contract for the reconstruction of the intercity viaduct between Kansas City, Missouri, and Kansas City, Kansas. Verdict and judgment went for plaintiff in the sum of $42,829.50, including interest. Motion for new trial was overruled and defendant appealed.

The cause was originally filed by plaintiff in three counts. The contract was executed February 29, 1936, and count I was to recover the $32,500 held back as liquidated damages, with interest, for failure of plaintiff to have the viaduct ready for vehicular and…