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WALLACE CONSTRUCTION COMPANY v. RUDE

No. 2216.

535 P.2d 1218 (1975)

WALLACE CONSTRUCTION COMPANY, Appellant, v. James RUDE, Appellee.

Supreme Court of Alaska.

June 2, 1975.

Attorney(s) appearing for the Case

Risher M. Thornton, III, of Holland & Thornton, Anchorage, for appellant.

Charles E. Tulin, Anchorage, for appellee.

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

OPINION

PER CURIAM.

This case involves a foreclosure action on claim of lien by appellant for failure to pay for a concrete block foundation and the counterclaim of appellee for damages for failure of substantial performance. The trial court dismissed the foreclosure action and awarded $4,891.00 to appellee for use of equipment, loss of earnings and costs of labor and materials to replace and repair portions of the foundation. Appellant asserts as error...

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