ASHTON COMPANY, INC., CONTR. & ENG'RS v. State

HATHAWAY, Judge.

This is an appeal from a judgment in favor of the State in a suit by the appellant-contractor on an alleged claim arising out of a highway construction contract it performed for the State. 1 The case was tried to the court and extensive findings of fact and conclusions of law were entered. The facts, as found by the trial court, which we accept for lack of a “clearly erroneous” showing, Tuab Mineral Corporation v. Anderson, 3 Ariz.App, 512, 415 P.2d 910 (1966); Rule 52(a), Rules of Civil Procedure, 16 A.R.S., are as follows.

In December, 1961, the State advertised for bids on a…