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  5. 199 Cal.App.2d 433 (1962)
 

C.J. WOOD, INC. v. SEQUOIA UNION HIGH SCH. DIST.

Docket No. 19674.

199 Cal.App.2d 433 (1962)

18 Cal. Rptr. 647

C.J. WOOD, INC., Plaintiff and Appellant, v. SEQUOIA UNION HIGH SCHOOL DISTRICT, Defendant and Respondent.

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

January 24, 1962.

Attorney(s) appearing for the Case

John G. Evans and John D. Jorgenson for Plaintiff and Appellant.

Weinstock, Anderson, Maloney & Chase as Amici Curiae on behalf of Plaintiff and Appellant.

Keith C. Sorenson, District Attorney, and Howard E. Gawthrop, Deputy District Attorney, for Defendant and Respondent.

DRAPER, P.J.

During performance of its contract for grading the site for defendant district's new high school, plaintiff brought this action for a declaration of its rights and for accrued damages. The case was tried without a jury, and plaintiff appeals from judgment in favor of defendant.

Although the contract called for a lump-sum payment for the work, it also provided that "If rock is encountered which cannot be removed by power equipment and which in...

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