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ACED v. HOBBS-SESACK PLUMBING CO.

Docket No. S.F. 20188.

55 Cal.2d 573 (1961)

360 P.2d 897

12 Cal. Rptr. 257

JAMES P. ACED, Respondent, v. HOBBS-SESACK PLUMBING COMPANY (a Partnership), Appellant.

Supreme Court of California. In Bank.

April 6, 1961.

Attorney(s) appearing for the Case

Crist, Peters, Donegan & Brenner and John M. Brenner for Appellant.

Ropers, Majeski & Kane and Eugene J. Majeski for Respondent.

GIBSON, C.J.

This is an appeal by cross-defendant Hobbs-Sesack Plumbing Company (hereafter called Hobbs) from an order granting a new trial to cross-complainant Aced, who was doing business under the fictitious name of Functional Construction Company.

Aced contracted with plaintiff owners to build a home with a radiant heating system installed in a concrete slab floor. Hobbs, as subcontractor, agreed with Aced to...

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