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CHANEY BLDG. CO. v. SUNNYSIDE SCHOOL DIST.

No. 2 CA-CIV 5373.

147 Ariz. 270 (1985)

709 P.2d 904

CHANEY BUILDING COMPANY, INC., an Arizona corporation, Plaintiff/Appellant, v. SUNNYSIDE SCHOOL DISTRICT NO. 12, Defendant/Appellee.

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

Rehearing Denied November 5, 1985.

Attorney(s) appearing for the Case

Law Office of Norris L. Ganson by Norris L. Ganson, Tucson, for plaintiff/appellant.

DeConcini, McDonald, Brammer, Yetwin & Lacy, P.C. by John R. McDonald, and Spencer A. Smith, Tucson, for defendant/appellee.

OPINION

LACAGNINA, Judge.

Chaney Building Co., Inc. appeals from a directed verdict in favor of Sunnyside Unified School District No. 12 in a case brought to recover contract payments withheld for performance delay, on the grounds that the terms of the contract required Chaney to give written notice within 7 days from the beginning of any delay and that the lack of evidence of compliance with this provision entitled Sunnyside to judgment as a matter of law...

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