Sam Kraus Co. v. State Highway Commission of Missouri

HOLMAN, Judge.

On February 27, 1964, plaintiff filed this suit seeking to recover from defendant the sum of $35,000, together with 6% interest from December 11, 1957. The trial court sustained defendant’s motion for summary judgment which was based upon the contention that the claim was barred by the five-year statute of limitations. See § 516.120. Plaintiff has duly appealed from the judgment entered.

The petition alleges that on March 11, 1953, plaintiff “entered into a contract with the defendant * * * to do certain work on a project known as Third Street Highway, in the City of St. Louis; *…