State ex rel. Junior College District of St. Louis v. Godfrey

BRADY, Presiding Judge.

This original proceeding for prohibition tests the jurisdiction of the trial court in “third-party practice”.

Relator contracted with the Robert Paulus Construction Company to perform certain work on one of relator’s campuses. Included in the contract was a provision for liquidated damages with respect to certain work in the event it was not finished on time. Paulus subcontracted with one Bodine, the original plaintiff in this action, to perform a part of the work. Bodine filed an action against Paulus reciting his performance of this contract and alleging refusal by…