KIELY CORP. v. GIBSON

Docket No. 28273.

231 Cal.App.2d 39 (1964)

41 Cal. Rptr. 559

KIELY CORPORATION, Plaintiff and Respondent, v. H.C. GIBSON, Defendant and Appellant.

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

December 4, 1964.


Attorney(s) appearing for the Case

Wallace & Wallace and Allan W. Wallace for Defendant and Appellant.

Thelen, Marrin, Johnson & Bridges, James W. Baldwin, Robert K. Worrell and George M. Perry for Plaintiff and Respondent.


LILLIE, J.

Plaintiff sued for damages for breach of a construction subcontract; judgment was entered in favor of the defendant. Thereafter plaintiff moved for a new trial; the motion was granted upon grounds of the insufficiency of the evidence to justify the decision and that the judgment was "against law." Defendant appeals from the resulting order.

The subcontract was for demolition, site clearance and other work connected with the construction of an elementary...

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