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KELLY v. MILLER

No. 3072.

575 P.2d 1221 (1978)

Colin J. KELLY, Appellant, v. Daren MILLER d/b/a Miller Company, Appellee.

Supreme Court of Alaska.

March 10, 1978.

Attorney(s) appearing for the Case

R. Michael Jackson and Reginald J. Christie, Kay, Christie, Fuld & Saville, Anchorage, for appellant.

William H. Jacobs, Jacobs, Branson & Guetschow, Anchorage, for appellee.

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

OPINION

BURKE, Justice.

This is an appeal from a superior court judgment awarding appellee Miller the down payment on a tractor as damages for breach of contract.

On March 29, 1973, Colin J. Kelly and Jerry J. Ward, d/b/a K & W Company, a partnership, entered into an agreement with Daren Miller d/b/a Miller Company, by which Miller was to provide the equipment and labor to load sand and gravel in a sand and gravel pit operated by K & W. A...

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