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BALDWIN CONTRACTING CO. v. CARL M. BUCK BLDG. CO.

Docket No. 10403.

206 Cal.App.2d 171 (1962)

23 Cal. Rptr. 483

BALDWIN CONTRACTING COMPANY, INC., Plaintiff and Respondent, v. CARL M. BUCK BUILDING COMPANY, Defendant and Appellant.

Court of Appeals of California, Third District.

July 26, 1962.

Attorney(s) appearing for the Case

Higbie & Higbie and Richard A. Higbie for Defendant and Appellant.

Manwell & Manwell and Ray Manwell for Plaintiff and Respondent.

PIERCE, J.

This is an appeal from a money judgment in an action on a common count. Defendant-appellant admits the work for which recovery was allowed was done at appellant's instance and request, that it was properly done and that appellant agreed to pay for it. It contends, however, that the agreement to pay was without consideration because plaintiff-respondent was already obligated by an earlier contract to do the...

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