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NEWT OLSON LUMBER CO. v. CUE

Docket Nos. 7869, 7870.

104 Cal.App.2d 477 (1951)

232 P.2d 64

NEWT OLSON LUMBER COMPANY, Respondent, v. CLIFFORD CUE et al., Defendants; JOEL A. WHITEHURST et al., Cross-Complainants and Appellants; THE FIDELITY AND CASUALTY COMPANY OF NEW YORK (a Corporation), Cross-Defendant and Appellant. R. GARDNER, Respondent, v. CLIFFORD CUE et al., Defendants; JOEL A. WHITEHURST et al., Cross-Complainants and Appellants; THE FIDELITY AND CASUALTY COMPANY OF NEW YORK (a Corporation), Cross-Defendant and Appellant.

Court of Appeals of California, Third District.

May 28, 1951.

Attorney(s) appearing for the Case

Linneman, Burgess & Telles for Appellants.

D. Oliver Germino and Ray W. Hays for Respondents.

PEEK, J.

The present controversy arose out of an action instituted by plaintiff Olson Lumber Company against the defendants Cue and Mr. and Mrs. Whitehurst to foreclose a materialmen's lien, and a second action filed by plaintiff Gardner against the same defendants to foreclose a mechanic's lien. The Whitehursts answered and cross-complained against The Fidelity and Casualty Company on its bond. Upon stipulation the two cases were consolidated for trial and following...

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