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H-K CONTRACTORS, INC. v. CITY OF FIRTH

No. 12968.

611 P.2d 1009 (1979)

101 Idaho 224

H-K CONTRACTORS, INC., a corporation, Plaintiff-Respondent, v. The CITY OF FIRTH, a municipal corporation, Defendant-Appellant.

Supreme Court of Idaho.

October 2, 1979.

Attorney(s) appearing for the Case

Thomas E. Moss of Stout & Moss, Blackfoot, for defendant-appellant.

William Charles Carr of Petersen, Moss & Olsen, Idaho Falls, for plaintiff-respondent.

SHEPARD, Justice.

This is an appeal from a summary judgment wherein plaintiff-respondent, H-K Contractors, Inc., recovered $7,568.10 for labor and materials it furnished as a subcontractor under a public works contract. The facts are not in dispute and the only issue is whether the provisions of I.C. § 50-219, requiring "claims for damages" to be submitted to a city within sixty days of the time the "damages" occurred, are applicable under the circumstances presented...

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