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AVALON PAINTING CO. v. ALERT LBR. CO., INC.

Docket No. 28438.

234 Cal.App.2d 178 (1965)

44 Cal. Rptr. 90

AVALON PAINTING COMPANY, Cross-complainant and Appellant, v. ALERT LUMBER COMPANY, INC., Cross-defendant and Respondent.

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

May 3, 1965.

Attorney(s) appearing for the Case

Brown & Brown and Howard B. Brown for Cross-complainant and Appellant.

Horton & Foote and Joseph K. Horton for Cross-defendant and Respondent.

ROTH, P.J.

This appeal is from a judgment against Avalon Painting Company (appellant) predicated upon an order sustaining a demurrer to the first amended cross-complaint of appellant.

In this action a complaint was filed on January 14, 1963, sounding in breach of contract and breach of warranty by Jerold Homes, Inc. against Synkoloid Company and appellant as named defendants and against a number of fictitious...

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