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B. & J. CONSTR. CO. v. SPACIOUS HOMES, INC.

Docket No. 25622.

204 Cal.App.2d 216 (1962)

22 Cal. Rptr. 41

B. AND J. CONSTRUCTION COMPANY, Plaintiff and Appellant, v. SPACIOUS HOMES, INCORPORATED, et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Three.

May 29, 1962.

Attorney(s) appearing for the Case

Ostrow & Drucker and Martin M. Ostrow for Plaintiff and Appellant.

David S. Smith for Defendants and Respondents.

FILES, J.

This is an action to foreclose a mechanic's lien on real property. Plaintiff is appealing from the judgment which awarded to it a partial recovery against the contractor, but extinguished the lien.

The complaint alleges that plaintiff and defendant Frank Britton entered into an oral agreement whereby plaintiff was to furnish labor and equipment to grade and fill in certain land; that plaintiff has...

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