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ELY v. BOTTINI

Docket No. 18486.

179 Cal.App.2d 287 (1960)

3 Cal. Rptr. 756

I.J. ELY, Plaintiff and Appellant, v. MARIO BOTTINI, Defendant and Appellant.

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

March 29, 1960.

Attorney(s) appearing for the Case

Lawrence A. Cowen, Leo V. Killion and Doelger Trowbridge for Plaintiff and Appellant.

Kilpatrick & Peterson and Dwight C. Ely for Defendant and Appellant.

DOOLING, J.

I.J. Ely, a general contractor, sued Mario Bottini on a written subcontract entered into between the parties on June 6, 1955, whereby the latter had agreed to do certain construction work for Ely. Plaintiff alleged that Bottini had failed to provide timely performance, and that as a result of this delay heavy rains had damaged the work. He further alleged that he had been compelled to do certain portions of Bottini's work. The court overruled a demurrer...

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