N. Fiorito Co. v. State

Appellant (plaintiff) a heavy construction contractor, commenced this action against respondent, the State of Washington, seeking to recover added expenses and penalties incurred due to delay in completion of a highway construction contract. Trial was had before the court sitting without a jury. At the conclusion of appellant’s case, the trial court granted respondent’s motion for an involuntary nonsuit, and thereafter entered findings of fact, conclusions of law, and judgment dismissing appellant’s action. This appeal followed.

The crucial and decisive issue in this case is factual. Appellant…