Leo Journagan Construction Co. v. City Utilities of Springfield

JAMES K. PREWITT, Judge.

Leo Journagan Construction Company (“JCC”) sued City Utilities of Springfield, Missouri (“CU”) for damages related to the construction of a pipeline. Following a four-week trial, the jury found in favor of JCC on all three counts submitted to it, including breach of contract due to interference, breach of contract for failure to pay for rock excavation, and breach of implied warranty ex contractu (Ideker claim). The trial court granted CU a new trial on the breach of contract counts and granted it a judgment notwithstanding the verdict on the Ideker claim. The trial…