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DAWSON v. SHEARER

No. 34743.

53 Wn.2d 766 (1959)

337 P.2d 46

THOMAS A. DAWSON, Respondent, v. WILLIAM J. SHEARER et al., Appellants.

The Supreme Court of Washington, Department Two.

March 26, 1959.

Attorney(s) appearing for the Case

Zundel, Merges, Brain & Isaac (Edward E. Merges, of counsel) for appellants.

Helsell, Paul, Fetterman, Todd & Hokanson, and Richard S. White, for respondent.

FOSTER, J.

Appellants, defendants below, appeal from a judgment against them for the balance due on the construction of a house.

The basic dispute is factual and the evidence is in direct conflict. In consonance with our decided cases,2 appellants' counsel, in the opening brief, forthrightly concede the applicable rule of law:

"In this regard we fully appreciate the rule that a finding

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