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P. & J. ARTUKOVICH, INC. v. SIMPSON

Docket No. 20093.

128 Cal.App.2d 440 (1954)

275 P.2d 574

P. & J. ARTUKOVICH, INC. (a Corporation), Respondent, v. CHARLES RAY SIMPSON et al., Appellants.

Court of Appeals of California, Second District, Division Three.

October 28, 1954.

Attorney(s) appearing for the Case

McFadden, Turner & Owens and Claude M. Owens for Appellants.

Stephen Monteleone for Respondent.

WOOD (Parker), J.

Action for damages for breach of contract. In a nonjury trial, judgment was for plaintiff. Defendants appeal from the judgment.

Appellants contend that plaintiff cannot recover damages because plaintiff breached the contract first; and that the court erred in finding the plaintiff did not breach the contract.

Plaintiff made a contract with the City of Los Angeles, Department of Water and Power, to lay a 72-inch water pipe (concrete...

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