Whitney Bros. Plumbing & Heating, Inc. v. Industrial & Commercial Construction, Inc.

OPINION

RABINO WITZ, Justice.

This case arose out of a contract between appellant Industrial & Commercial Construction, Inc., as general contractor for the construction of a fire station in the city of Fairbanks, and appellee Whitney Brothers Plumbing & Heating, Inc. as subcontractor of the mechanical aspects of the contract. After a non-jury trial, the superior court determined the merits of the cause in appellee Whitney Brothers’ favor.1 On May 25, 1966, the trial judge entered findings of fact, conclusions of law, and judgment.2

Initially, we are called upon to determine whether appellant…