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THOMSON v. WHEELER CONSTRUCTION COMPANY

No. 272.

385 P.2d 111 (1963)

George H. THOMSON and Norma T. Thomson, Appellants, v. WHEELER CONSTRUCTION COMPANY, Inc., an Alaska Corporation, Appellee.

Supreme Court of Alaska.

September 6, 1963.

Attorney(s) appearing for the Case

Walter Sczudlo, Fairbanks, for appellants.

No appearance for appellee.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

DIMOND, Justice.

The defendant (appellee) built a home for plaintiffs (appellants) under a cost-plus contract. Plaintiffs brought this action for damages in excess of $29,000 based on a theory of fraud. Defendant counter-claimed for $14,284.99 — the difference between the total cost as billed by defendant ($42,633.84) and the amount that plaintiffs had paid on account ($28,348.85).

The trial judge determined...

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