JOZOVICH v. CENTRAL CALIF. BERRY GROWERS ASSN.

Docket No. 18618.

183 Cal.App.2d 216 (1960)

6 Cal. Rptr. 617

NICK JOZOVICH, Respondent, v. CENTRAL CALIFORNIA BERRY GROWERS ASSOCIATION (a Corporation), Appellant.

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

July 28, 1960.


Attorney(s) appearing for the Case

Francis Kerner and Wilkie C. Courter for Appellant.

Timothy A. O'Connor for Respondent.


TOBRINER, J.

Respondent here guaranteed to produce a machine under a contract which provided for an intermediate payment on April 1st and a later final payment on May 1st under certain conditions. Appellant failed to make the April 1st payment; respondent nevertheless, continued to work on the machine. Our principal question turns on whether the trial court's judgment for the intermediate installment can be sustained despite respondent's continued attempted performance...

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