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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Full Text

495 chars
Rule 70.01(b) provides that whenever MAI “contains an instruction applicable in a particular case which the appropriate party requests or the court decides to submit, such instruction shall be given to the exclusion of any other on the same subject.” As noted, MAI 4.04 was the appropriate instruction, modified to include “material and labor” instead of “goods” furnished. The giving of Instruction No. 8 was error, but under Rule 70.01(c), its prejudicial effect must be judicially determined.