Legal Opinion

Auburn Mechanical, Inc. v. Lydig Construction, Inc.

Court of Appeals of Washington

Decided February 17, 1998No. 37764-7-IPublishedCited by 32 opinions

1Opinion of the CourtEllington, J.

Pilchuck Mechanical, Inc. undertook to perform excavation work on a Boeing project. Alleging that the job bore little resemblance to the project that was bid, Pilchuck brought a claim against Boeing for breach of an “implied-in-law duty” and asserted a right “to recover under the theory of quantum meruit/unjust enrichment for the amount that it deserves, a reasonable amount for work performed.”

The sole question presented on appeal is whether the trial court erred in striking Pilchuck’s jury demand. Since Pilchuck’s claims were legal, not equitable, denial of a jury trial was error.

Procedure

Pil…

2Cases cited23 opinions

  1. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  2. Dimick v. SchiedtSupreme Court of the United States · 1935
  3. Chauffeurs, Teamsters & Helpers Local No. 391 v. TerrySupreme Court of the United States · 1990
  4. Sofie v. Fibreboard Corp.Washington Supreme Court · 1989
  5. Brown v. Safeway Stores, Inc.Washington Supreme Court · 1980

18 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Nielson v. Spanaway General Medical ClinicWashington Supreme Court · 1998
  2. Nielson v. Spanaway General Medical Clinic, Inc.Washington Supreme Court · 1998
  3. Jones v. MacKey Price Thompson & OstlerUtah Supreme Court · 2015
  4. Davenport v. Washington Educ. Ass'nCourt of Appeals of Washington · 2008
  5. Stieneke v. RussiCourt of Appeals of Washington · 2008

27 more not listed; retrieve them via the Exa API.

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