City of Joplin v. Joplin Water Works Company

HOUSER, Commissioner.,

Action in two counts by City of Joplin against The Joplin Water Works Company. Tried to the court without a jury Coupt I for a declaratory judgment was dismissed. Judgment yras rendered for City on Count II for $48,336.84. City did not appeal from the judgment on either count. Company appealed from the order overruling its motion for new trial, a nonappealable order, but we will review the judgment on Count II on the theory that Company intended and in good faith attempted to appeal from a final judgment. State v. Kendrick, Mo.Sup., 383 S.W.2d 740 [1,2]. We have…