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DICCO, INC. v. FARRAR

Docket No. 4330.

106 Cal.App.2d 412 (1951)

235 P.2d 62

DICCO, INC. (a Corporation) et al., Appellants, v. JERRY FARRAR, Respondent.

Court of Appeals of California, Fourth District.

August 30, 1951.

Attorney(s) appearing for the Case

West, Vizzard, Howden & Baker for Appellants.

William R. Hulsy for Respondent.

BARNARD, P.J.

The plaintiffs, as joint venturers, had a contract with the State Highway Department for certain work on Highway 99, south of Bakersfield. They entered into a contract with the defendant by which he agreed to furnish "the aggregate and screenings" for this job, the estimated amount being 92,600 tons. The contract further provided that the defendant should "exercise due diligence to furnish a minimum quantity...

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