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CITY OF SALINAS v. SOUZA & McCUE

Docket No. S.F. 22394.

66 Cal.2d 217 (1967)

424 P.2d 921

57 Cal. Rptr. 337

CITY OF SALINAS, Plaintiff, Cross-defendant and Appellant, v. SOUZA & McCUE CONSTRUCTION COMPANY, INC., Defendant, Cross-complainant and Appellant; AETNA CASUALTY & SURETY COMPANY, Defendant and Appellant; ARMCO DRAINAGE & METAL PRODUCTS, INC., Defendant, Cross-defendant and Respondent.

Supreme Court of California. In Bank.

March 21, 1967.

Attorney(s) appearing for the Case

Donald A. Way, City Attorney, J.T. Harrington and William B. Boone for Plaintiff, Cross-defendant and Appellant.

Steel & Arostegui and Robert W. Steel for Defendant, Cross-complainant and Appellant and for Defendant and Appellant.

Thelen, Marrin, Johnson & Bridges as Amici Curiae on behalf of Defendant, Cross-complainant and Appellant.

Bradford, Cross, Dahl & Hefner and Loren S. Dahl for Defendant, Cross-defendant and Respondent.

PEEK, J.*

On these appeals the City of Salinas disputes findings that it misrepresented soil conditions to the damage of Souza & McCue Construction Company, its general contractor under a 1958 contract for the construction of a sewerline.

The action was commenced by the city for damages for Souza's alleged breach of the contract. The city also sought to recover from Souza's surety, the Aetna Casualty & Surety Company, and...

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