Legal Opinion

Fomby v. Whisenhunt

Alaska Supreme Court

Decided March 23, 1984No. 7434PublishedCited by 6 opinions

1Opinion of the Court

OPINION

2Per curiam

The question in this case is whether a plaintiff's claim for contract damages is barred pursuant to AS 08.18.151 1 due to the claimant’s alleged failure to comply with AS 08.18.011. 2 We conclude that summary judgment was properly granted to the defendant.

The lawsuit was filed on December 18, 1981, in the name of Dale Fomby, d/b/a Nova Excavating & Paving, seeking payment for excavating services performed for Robert D. Whisenhunt. The complaint did not allege status as a registered contractor. Whisenhunt answered on January 15, 1982, and asserted as an affirmative defense, that the…

3Cases cited17 opinions

  1. John H. Freeman, Jr., D/B/A Freeman Electric Gin Company v. Continental Gin CompanyCourt of Appeals for the Fifth Circuit · 1967
  2. Jennings v. StateAlaska Supreme Court · 1977
  3. Alaska Rent-A-Car, Inc. v. Ford Motor CompanyAlaska Supreme Court · 1974
  4. Northern Lights Motel, Inc. v. SweaneyAlaska Supreme Court · 1977
  5. Murphy v. KeatingSupreme Court of Minnesota · 1939

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4Cited by6 opinions

  1. Braun v. Alaska Commercial Fishing & Agriculture BankAlaska Supreme Court · 1991
  2. Alaska Protection Services, Inc. v. Frontier Colorcable, Inc.Alaska Supreme Court · 1984
  3. Hikita v. Nichiro Gyogyo Kaisha, Ltd.Alaska Supreme Court · 2000
  4. Southeast Alaska Construction Co. v. State, Department of Transportation & Public FacilitiesAlaska Supreme Court · 1990
  5. Petranovich v. Matanuska Electric Ass'nAlaska Supreme Court · 2001

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