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ALLEN v. GARDNER

Docket No. 15941.

126 Cal.App.2d 335 (1954)

272 P.2d 99

M. ALLEN, Plaintiff, v. MERVIN L. GARDNER, Respondent; E.K. FERGUSON, JR., as Administrator etc., et al., Appellants.

Court of Appeals of California, First District, Division One.

June 30, 1954.

Attorney(s) appearing for the Case

Murle C. Shreck and E.R. Vaughn for Appellants.

Royal A. Stewart, Richard W. Horton, Worthington, Park & Worthington and Herbert C. Kohlwes for Respondent.

PETERS, P.J.

Mervin L. Gardner was awarded the principal contract to construct a school. The contract, among other things, required Gardner to furnish a specified quantity of specially designed concrete. This portion of the contract was subcontracted to the Fergusons, who agreed with Gardner to furnish the required concrete at $15.50 per cubic yard. After supplying a small quantity of the concrete, for which they were not fully paid, the Fergusons wrongfully breached...

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