SABRAW v. KAPLAN

Docket No. 20055.

211 Cal.App.2d 224 (1962)

27 Cal. Rptr. 81

ORTON SABRAW et al., Plaintiffs and Appellants, v. BERNARD KAPLAN et al., Defendants and Respondents.

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

December 21, 1962.


Attorney(s) appearing for the Case

Rhodes, Sabraw & Avera and Fred E. Avera for Plaintiffs and Appellants.

Buresh, Smith, Truett & Durham and Harold J. Truett for Defendants and Respondents.


DEVINE, J.

Plaintiff Sabraw, a contractor, agreed to construct a building for defendant, which was to be used as a retail drugstore, and there is evidence that plaintiff knew of the intended use. The building was to have been completed, according to the agreement, by April 14, 1958, but it was not finished until August 21, 1958, and although the subject of fault was contested in the trial court, it is conceded by plaintiff and cross-defendant, Sabraw, that the trial...

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