Gerstner Electric, Inc. v. American Insurance Company

KILKENNY, Circuit Judge.

Appellant Gerstner appeals from the district court’s judgment of dismissal notwithstanding a jury verdict and asks for alternative relief which we need not consider. The verdict in favor of appellant, including compensatory and punitive damages, was substantial. We affirm.

FACTS

On September 7, 1971, appellant entered into a Contract Agreement (Contract) with the Missouri State Highway Commission under which appellant agreed to furnish, at its own expense, all labor, materials and equipment required in the proposed construction of a sector of Route 61 in Lincoln County,…