Legal Opinion
Simpson Timber Co. v. Palmberg Construction Co.
Court of Appeals for the Ninth Circuit
Decided April 5, 1967No. 20219PublishedCited by 4 opinions
1Opinion of the Court
KOELSCH, Circuit Judge.
This diversity action was brought by Palmberg Construction Co., a dredging contractor, to recover additional compensation for work done by Palmberg at the Shelton, Washington plant of the Simpson Timber Company. The work consisted of filling a portion of Simpson’s waterfront property with materials to be dredged by Palmberg from the adjacent harbor area. The dispute arose because Palmberg asserted that the conditions encountered in performance of the job differed materially from those originally contemplated. Accordingly, not satisfied with the contractually agreed upon…
2Cases cited18 opinions
- Guerini Stone Co. v. P. J. Carlin Construction Co.Supreme Court of the United States · 1916
- Mall Tool Co. v. Far West Equipment Co.Washington Supreme Court · 1954
- Ross v. HardingWashington Supreme Court · 1964
- Coffman v. Federal Laboratories, Inc.Court of Appeals for the Third Circuit · 1948
- Wright v. City of TacomaWashington Supreme Court · 1915
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3Cited by4 opinions
- Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc.Court of Appeals for the Ninth Circuit · 1985
- United States Ex Rel. Roman v. SchlesingerDistrict Court, E.D. New York · 1975
- Frank Music Corporation v. Metro-Goldwyn-Mayer, Inc.Court of Appeals for the Ninth Circuit · 1985
- Simpson Timber Company, a Corporation v. Palmberg Construction Co., a Corporation, Palmberg Construction Co., a Corporation v. Simpson Timber Company, a CorporationCourt of Appeals for the Ninth Circuit · 1967