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PENBERTHY ELECTROMELT v. U.S. GYPSUM

No. 6039-6-II.

38 Wn. App. 514 (1984)

686 P.2d 1138

PENBERTHY ELECTROMELT INTERNATIONAL, INC., Respondent, v. UNITED STATES GYPSUM CO., Appellant.

The Court of Appeals of Washington, Division Two.

August 13, 1984.

Attorney(s) appearing for the Case

Lyman W. Hull, for appellant.

Murray J. Anderson, for respondent.

PETRICH, C.J.

Defendant, United States Gypsum Company, appeals a trial court judgment awarding Penberthy Electromelt International, Inc., damages for breach of contract. The issues presented for review include: (1) whether there is substantial evidence to support the trial court's finding that there was an agreement to extend the delivery date; (2) whether the plaintiff repudiated the contract or failed to give assurances...

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