DE WITT v. LIBERTY LEASING COMPANY OF ALASKA

No. 1638.

499 P.2d 599 (1972)

H.D. DE WITT d/b/a Consolidated Construction Company, Appellant, v. LIBERTY LEASING COMPANY OF ALASKA, Inc., an Alaskan Corporation, Appellee.

Supreme Court of Alaska.

July 28, 1972.


Attorney(s) appearing for the Case

H. Bixler Whiting, Fairbanks, for appellant.

James L. Johnston, Anchorage, for appellee.

Before BONEY, C.J., and RABINOWITZ, CONNOR, ERWIN and BOOCHEVER, JJ.


OPINION

ERWIN, Justice.

This is an appeal from a denial of costs and attorney's fees.

On November 7, 1969, a construction contract was executed by the parties to this appeal under which appellant constructed a warehouse for appellee in Anchorage. After notification that the construction had been completed, appellee refused to tender final payment and, on May 19, 1970, filed suit against appellant seeking...

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