Henry C. Beck Company v. Ross Island Sand & Gravel Co.

456 F.2d 316 HENRY C. BECK COMPANY, a corporation, and Utah Construction & Mining Co., a corporation, doing business as Beck-Utah, a Joint Venture, Plaintiffs and Appellants, v. ROSS ISLAND SAND & GRAVEL CO., a corporation, Defendant and Appellee. No. 25302. United States Court of Appeals, Ninth Circuit. Feb. 14, 1972. Rehearing Denied March 24, 1972. Carl R. Neil (argued), of Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland, Oregon, for plaintiffs-appellants. James H. Clarke (argued), George L. Kirklin, of McColloch, Dezendorf, Spears & Lubersky, Portland, Or., for defendant-appellee. Before CHAMBERS, CARTER and WRIGHT, Circuit Judges. JAMES M. CARTER, Circuit Judge. 1 This damage suit for breach of contract was tried to the court without a jury. It resulted in a judgment for defendant-appellee, hereafter Ross Island. 2 The appellant (hereafter Beck), raises the following questions: 3 (1) Did the trial court err in Finding of Fact XI and Conclusion of Law I that the Standard Specifications for Ready Mix Concrete, C94, was made applicable to the concrete here in question by the specifications in the construction contract between Beck and the owner of the…