Eugene Alper Construction Co. v. Joe Garavelli's of West Port, Inc.

REINHARD, Judge.

Plaintiff appeals from the trial court’s order granting defendants’ motion for summary judgment. We affirm in part and reverse and remand in part.

Plaintiff initially filed suit against Bernard Tureen and Joe Garavelli’s of West Port, Inc. (hereinafter Garavelli’s) in February, 1979. In its amended petition, plaintiff alleged that at the request of defendants, between October, 1976 and March, 1977, plaintiff acted as a general contractor for the construction and erection of a restaurant in Maplewood, Missouri. Plaintiff further alleged that defendants failed and refused to pay…