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CULBERTSON v. CIZEK

Docket No. 21070.

225 Cal.App.2d 451 (1964)

37 Cal. Rptr. 548

FRED CULBERTSON et al., Plaintiffs and Appellants, v. FRANK CIZEK et al., Defendants and Respondents.

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

March 12, 1964.

Attorney(s) appearing for the Case

Edwards, Friborg & Duda and Darrell B. Edwards for Plaintiffs and Appellants.

Eugene K. Lawlor and Weinstock, Anderson, Maloney & Chase for Defendants and Respondents.

SULLIVAN, J.

Plaintiffs appeal from portions of an adverse judgment entered in an action for declaratory relief brought against a contractor, the surety on his performance bond and certain materialmen and subcontractors who are lien claimants.1

Plaintiffs Fred and Nell Culbertson own improved real property in Oakland. On August 12, 1958, they entered into a written "Builder's Contract" with Cizek under the terms of which Cizek...

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