Where a homeowner who was sued by a contractor for breach of contract brought a counterclaim under the Missouri Merchandising Practices Act arguing that work on a second-floor addition was done poorly, slowly and not materially completed, the judgment for the contractor on the counterclaim is reversed and remanded because the homeowner presented substantial evidence that the contractor made misrepresentations, and sufficient evidence existed from which a reasonable juror could infer deception on the part of the contractor.
Judgment is reversed and remanded.
Lane House Construction, Inc. v. Triplett (MLW No. 71188/Case No. ED105312 – 8 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.) Appealed from circuit court, St. Louis County, Permuter, J. (James M. Belz and Al W. Johnson for appellant) (William F. Whealen Jr. for respondent).