Gallagher v. Viking Supply Corporation

HATHAWAY, Judge.

Appellants (defendants below) appeal from a judgment entered in superior court, Pima county, Arizona, in favor of appellee (plaintiff below). In the spring of 1960, the City of Tucson awarded a contract for the installation of water mains to Gallagher. The contract, referred to as Contract I—1, specified, inter alia, that all cement asbestos pipe installed be Class 150 pipe of the following or equal:

Johns-Manville, .............“Ringtite”

Keasbey and Mattison Century, .......“Fluid-tite”

S. A. Eternit, .............“Selftite”

Viking, a pipe supplier, was familiar with, the…