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HIGGINS v. CITY OF FILLMORE

No. 17018.

639 P.2d 192 (1981)

E. Arthur HIGGINS, Plaintiff and Respondent, v. CITY OF FILLMORE, Defendant and Appellant.

Supreme Court of Utah.

December 28, 1981.

Attorney(s) appearing for the Case

Jay V. Barney, David R. Maddox, Murray, for defendant and appellant.

Elliott Lee Pratt, Salt Lake City, for plaintiff and respondent.

STEWART, Justice:

Plaintiff, a general contractor, brought an action against the City of Fillmore for breach of a construction contract. The City filed a counterclaim alleging it was entitled to liquidated damages because the contract was not completed within the time specified in the contract. The court ruled against the City on all counts and awarded plaintiff $78,120.08. The City appeals, asserting insufficient evidence to support a finding of breach.

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