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OLYMPIAN STONE v. MacDONALD CONSTR.

No. 47-40325-1.

1 Wn. App. 410 (1969)

461 P.2d 589

OLYMPIAN STONE CO., INC., Appellant, v. MacDONALD CONSTRUCTION COMPANY et al., Respondents.

The Court of Appeals of Washington, Division One, Panel 2.

December 1, 1969.

Attorney(s) appearing for the Case

Graham, Dunn, Johnston & Rosenquist, Charles S. Mullen and Jack G. Strother, for appellant.

Allen, DeGarmo & Leedy and Seth W. Morrison, for respondent MacDonald Construction Company.

Preston, Thorgrimson, Starin, Ellis & Holman and Charles E. Peery, for respondent Municipality of Metropolitan Seattle.

UTTER, J.

Olympian Stone Co. appeals from an order and judgment which confirmed an arbiter's award and entered judgment thereon in favor of MacDonald Construction Co.

There are two questions raised by the assignments of error: (1) did MacDonald, as a matter of law, waive its right to proceed in arbitration by failing to timely pursue the right to arbitrate its claim, and (2) did the trial court commit reversible error by entering findings of fact and

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