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GALLAGHER v. VIKING SUPPLY CORPORATION

No. 2 CA-CIV 72.

3 Ariz. App. 55 (1966)

411 P.2d 814

Frederick James GALLAGHER, d/b/a Fred J. Gallagher Construction Co. and Fidelity & Casualty Co. of New York, a New York corporation, Appellants, v. VIKING SUPPLY CORPORATION, a Texas corporation, Appellee.

Court of Appeals of Arizona.

March 3, 1966.

Attorney(s) appearing for the Case

Johnson, Darrow, D'Antonio, Hayes & Morales, by Lawrence P. D'Antonio, Tucson, for appellants.

Chandler, Tullar, Udall & Richmond, by James L. Richmond, Tucson, for appellee.

HATHAWAY, Judge.

Appellants (defendants below) appeal from a judgment entered in superior court, Pima county, Arizona, in favor of appellee (plaintiff below). In the spring of 1960, the City of Tucson awarded a contract for the installation of water mains to Gallagher. The contract, referred to as Contract I-1, specified, inter alia, that all cement asbestos pipe installed be Class 150 pipe of the following or equal:

  Johns-Manville, ...................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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