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SOUZA & McCUE CONSTR. CO. v. SUPERIOR COURT

Docket No. S.F. 20919.

57 Cal.2d 508 (1962)

370 P.2d 338

20 Cal. Rptr. 634

SOUZA & McCUE CONSTRUCTION CO., INC., Petitioner, v. THE SUPERIOR COURT OF SAN BENITO COUNTY, Respondent; CITY OF SALINAS, Real Party in Interest.

Supreme Court of California. In Bank.

April 4, 1962.

Attorney(s) appearing for the Case

Steel & Arostegui and Robert W. Steel for Petitioner.

No appearance for Respondent.

Russell Scott, City Attorney, and J.T. Harrington for Real Party in Interest.

GIBSON, C.J.

The City of Salinas brought an action against Souza & McCue Construction Co., Inc., seeking damages for the alleged breach of a contract made in June 1958, as modified in September 1958, for the construction of a storm sewer. Souza filed an answer denying the breach and a pleading denominated a "cross-complaint" setting forth two causes of action; the first cause of action is for the recovery of the balance allegedly due under the June 1958 contract...

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