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McDONALD CONSTR. CO. v. MURRAY

No. 513-40749-1.

5 Wn. App. 68 (1971)

485 P.2d 626

McDONALD CONSTRUCTION CO., Appellant, v. JOHN S. MURRAY et al., Respondents and Cross-appellants, UNITED PACIFIC INSURANCE COMPANY, Appellant.

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

June 1, 1971.

Attorney(s) appearing for the Case

Lycette, Diamond & Sylvester and Lyle L. Iversen, for appellant.

Moriarty, Long, Mikkelborg & Broz, Charles P. Moriarty, Jr., and Alec W. Brindle, for respondents and cross-appellants.

JAMES, J.

By the terms of a written contract, McDonald Construction Company undertook the construction of an addition to a commercial building owned by the John S. Murray marital community. Significant to the litigation culminating in this appeal is a provision of the contract requiring McDonald to complete its work within 75 calendar days. Substantial evidence supports the trial judge's finding that 239 days elapsed before the building was ready for occupancy.

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