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WEBER v. MILPITAS COUNTY WATER DIST.

Docket No. 19242.

201 Cal.App.2d 666 (1962)

20 Cal. Rptr. 45

MATTHEW WEBER, Plaintiff and Appellant, v. MILPITAS COUNTY WATER DISTRICT, Defendant and Appellant.

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

March 22, 1962.

Attorney(s) appearing for the Case

John P. Whitney for Plaintiff and Appellant.

Jones, Griswold & Henley and Bruce P. Griswold for Defendant and Appellant.

TOBRINER, J.

The specific provision of a contract requiring the contractor to obtain "all necessary permits" must prevail over the conjectural theories of the contractor that the custom of the industry, an "implied condition" of the contract, or an estoppel, casts the duty upon the district of procuring an encroachment permit for the performance of pipe installation work on the highway. Neither can we find any statutory provision that imposes this responsibility upon...

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