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MILBERGER v. CHANEY BLDG. CO., INC.

No. 2 CA-CIV 5267.

146 Ariz. 181 (1985)

704 P.2d 822

Max MILBERGER and Bessie Milberger, husband and wife, dba Allwood Electric Company, Plaintiffs/Appellees, v. CHANEY BUILDING COMPANY, INC., and United Pacific Insurance Co., Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied July 2, 1985.

Attorney(s) appearing for the Case

Johnson, Dowdall & Price by Richard J. Dowdall, Tucson, for plaintiffs/appellees.

Norris L. Ganson, Tucson, for defendants/appellants.

OPINION

LACAGNINA, Judge.

This is an action to recover the balance due Allwood Electric Company owned by Max and Bessie Milberger (AEC) by Chaney Building Company, Inc. (CBC) under a construction contract. The trial court found the existence of a contract and entered judgment in favor of AEC for the balance due plus costs and attorney's fees.

CBC alleges three errors by the trial court:

1. Finding as a fact that there existed a contract with...

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