Northern Corp. v. Chugach Electric Assoc.

518 P.2d 76 (Alaska 1974)

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Nature of the Case

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Facts

Northern Corp. (P) contracted with Chugach (D) to repair the face of the Cooper Lake Dam. The quarry for riprap proved unusable so an alternate site was found and the contract was amended. The new contract specified that the riprap was to be transported across Lake Cooper to the dam site when the lake was frozen enough to permit heavy vehicle traffic. P lost machinery, and two people died in attempting to transport the riprap over the 'frozen' lake. P ceased operations and sued D for the costs of attempted performance. The trial court discharged both parties from the contract under impossibility of performance. All claims for damages were denied. Both parties appealed.