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JUDSON PAC.-M. v. THEW SHOVEL CO.

Docket No. 2315.

127 Cal.App.2d Supp. 828 (1954)

275 P.2d 841

JUDSON PACIFIC-MURPHY, INC. (a Corporation), Appellant, v. THEW SHOVEL COMPANY (a Corporation) et al., Respondents.

Court of Appeals of California, Appellate Department, Superior Court, San Francisco.

July 16, 1954.

Attorney(s) appearing for the Case

Thornton & Taylor for Appellant.

Dinkelspiel & Dinkelspiel for Respondents.

DEVINE, P.J.

We have before us the question of the propriety of a judgment founded on an order sustaining a demurrer without leave to amend, the demurrer being based on the statute of limitations and on failure to state a cause of action.

Plaintiff was the purchaser of a crane which was engaged in the entirely laudable work of raising steel for the building of Hastings College of Law. The crane proved unequal to the task, and broke. The action is for damages...

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