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LEWIS v. HOPPER

Docket No. 16615.

140 Cal.App.2d 365 (1956)

295 P.2d 93

HOWARD B. LEWIS, Respondent, v. ALFRED J. HOPPER et al., Defendants; PEERLESS CASUALTY COMPANY (a Corporation), Appellant.

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

March 29, 1956.

Attorney(s) appearing for the Case

Robert H. Fouke, Robert A. Wertsch and John Alfred Davis for Appellant.

Dwyer & King for Respondent.

DOOLING, J.

Plaintiff, a subcontractor, recovered a judgment against defendant Peerless Casualty Company upon a labor and materialmen's bond for the balance due him upon his subcontract in the construction of a building for Pacific Telephone and Telegraph Company in Auburn, California. Appellant's bond contained the following provision:

"No suit or action on this bond to recover for labor performed or material furnished in respect to work herein referred to...

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