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B.C. RICHTER CONTRACTING CO. v. CONTINENTAL CAS. CO.

Docket No. 10700.

230 Cal.App.2d 491 (1964)

41 Cal. Rptr. 98

B.C. RICHTER CONTRACTING CO., INC., et al., Plaintiffs and Appellants, v. CONTINENTAL CASUALTY COMPANY et al., Defendants and Appellants.

Court of Appeals of California, Third District.

November 6, 1964.

Attorney(s) appearing for the Case

Robert V. Blade for Plaintiffs and Appellants.

Rich, Fuidge, Dawson & Rich, Rich, Fuidge, Dawson, Marsh, Tweedy & Morris and Thomas Marsh for Defendants and Appellants.

FRIEDMAN, J.

In these two consolidated actions two subcontractors have sued on the prime contractor's surety bond. The plaintiffs sought what they termed "quantum meruit" recovery, measured by the reasonable value of unpaid labor and materials. The trial court limited their recovery to a lesser amount, the unpaid remainder of the contract price, plus interest and attorney fees. Plaintiffs appeal. Defendant surety companies...

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