UNITED STATES v. HENRY

Nos. 777, 774.

427 P.2d 584 (1967)

UNITED STATES of America, Appellant, v. William Edward HENRY, d/b/a Arctic Acoustic and Dry Wall Co., Jones-Western, a joint venture consisting of Jones Enterprises, Inc., and Western Ltd., Securities Mortgage Company, a Washington corporation, and Alaska Title Guaranty Company, an Alaskan corporation, Appellees. William Edward HENRY, d/b/a Arctic Acoustic and Dry Wall Co., Appellants, v. JONES-WESTERN, a joint venture consisting of Jones Enterprises, Inc., and Western, Ltd., Securities Mortgage Company, a Washington corporation, and Alaska Title Guaranty Company, an Alaskan corporation, and United States of America, Appellees.

Supreme Court of Alaska.

May 19, 1967.


Attorney(s) appearing for the Case

Richard L. McVeigh, U.S. Atty., for the United States.

Richard P. Kerns and Neil S. Mackay, Anchorage, for William Edward Henry, d/b/a Arctic Acoustic & Dry Wall Co.

Donald A. Burr, of Burr, Boney & Pease, Anchorage, for Jones-Western, Securities Mortgage Co. and Alaska Title Guaranty Co.

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


DIMOND, Justice.

OPINION

William Henry, a subcontractor, agreed with Jones-Western to furnish certain labor and materials in the construction of an apartment building in Anchorage. Before the building was completed it was destroyed by an earthquake. Jones-Western contended that it was not liable to Henry for the work that had been performed by him prior to the earthquake by reason of Article 6 of the written subcontract which provided:

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