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CEMENT DISTR., INC. v. W. AGGREGATES

No. 38240.

68 Wn.2d 640 (1966)

414 P.2d 789

CEMENT DISTRIBUTORS, INC., Respondent, v. WESTERN AGGREGATES et al., Appellants.

The Supreme Court of Washington, Department One.

May 26, 1966.

Attorney(s) appearing for the Case

Williams, Lanza, Kastner & Gibbs, by Joseph J. Lanza. and W. Morgan Johnson, for appellants.

Short, Cressman & Cable and John O. Burgess, for respondent.

HILL, J.

This was an action for damages for breach of a contract for hauling. The plaintiff's (Cement Distributors, Inc.) contention was that it was not permitted by the defendant (Western Aggregates, Inc.) to haul the amount of concrete aggregates or other material provided for in the contract, i.e., a minimum of 200,000 yards during the life of the contract (2 years).

The defense was that the contract had been abandoned...

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