Kozeny-Wagner, Inc. v. Shark

SIMON, Judge.

In this consolidation of the appeals from the Circuit Court of St. Louis County, Koz-eny-Wagner, Inc. (plaintiff) and Joseph Shark (defendant) appeal the rulings of the trial court setting aside the stay of plaintiff’s claim and the sustainment of plaintiff’s motion for directed verdict on defendant’s counterclaim.

Plaintiff’s claim arises out of a contract executed by the parties in 1972 whereby plaintiff was to construct a two story pharmacy and office building on defendant’s land in Florissant, Missouri. Specific plans were made to accommodate the building’s structure to a…