Cure v. City of Jefferson

WELBORN, Commissioner.

This is an action by the general contractors under a contract with the City of Jefferson for the construction of a parking facility. The petition sought $62,898.96 for removal of rock in excavation for the project. A judgment in favor of the city upon its motion for summary judgment was reversed by this court for the reason that the cause was not properly determinable under such procedure. 380 S.W.2d 305. On remand, trial before a jury was held and, at the close of plaintiffs’ case, the court sustained the city’s mo*728tion for a directed verdict. After the contractors’…