Kunkle Water & Electric, Inc. v. Nehai Tonkayea Lake Ass'n, 639 S.W.2d 177 (1982)

Citation: Kunkle Water & Electric, Inc. v. Nehai Tonkayea Lake Ass'n, 639 S.W.2d 177 (1982)
Parent Document: Kunkle Water & Electric, Inc. v. Nehai Tonkayea Lake Ass'n, 639 S.W.2d 177 (1982)
Jurisdiction: Missouri (state)
Effective Date: 1982-07-27
Original Source: https://www.courtlistener.com/opinion/5232701/kunkle-water-electric-inc-v-neh... ↗

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A proper damage Instruction No. 9 on the submission of the action on account was given under MAI 4.04, modified. See Hereford Concrete Products v. Aerobic Services, Inc., 565 S.W.2d 176, 178[5] (Mo.App.1978), approving such a submission. Instruction No. 9 is: “If you find in favor of Plaintiff, then you must award it the reasonable value of the material and labor furnished with six percent (6%) interest thereon from May 23, 1978 to June 30, 1979, and at nine percent (9%) thereafter.” [Plaintiff stated to the court that the interest submission was error, and judgment was therefore entered on the jury’s verdict of principal only, so there is no issue as to interest being awarded.] Note that the Hereford case states that the submission of the damage instruction, “reasonable value,” followed the same words of the action on account instruction under MAI 26.03.

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