KENNEDY v. REECE

Docket No. 577.

240 Cal.App.2d 769 (1966)

49 Cal. Rptr. 915

FRED KENNEDY, Plaintiff and Appellant, v. LOU REECE et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

March 14, 1966


Attorney(s) appearing for the Case

Donahue, Hastin & Claflin for Plaintiff and Appellant.

Milton Wichner for Defendants and Respondents.


CONLEY, P.J.

Originally, the plaintiff filed an action to recover the balance claimed to be due from the defendants on a contract to drill a water well at their mining installation. On the first trial, the court granted judgment to the defendants on their counterclaim against the plaintiff and appellant on the basis of his failure to drill the well to a depth of 400 feet in accordance with his contract. Because of the breach by Mr. Kennedy, the court then awarded...

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