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J.A. PAYTON v. KUHN-MURPHY, INC.

Docket No. 8287.

253 Cal.App.2d 278 (1967)

61 Cal. Rptr. 575

J.A. PAYTON et al., Plaintiffs and Respondents, v. KUHN-MURPHY, INC., et al., Defendants and Appellants.

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

August 7, 1967.

Attorney(s) appearing for the Case

Gillespie, Hartley & Flory, Donald S. Gillespie, Hollis G. Hartley and Wm. A. Flory for Defendants and Appellants.

Wilson, Wilson & Borror and William H. Wilson for Plaintiffs and Respondents.

McCABE, P.J.

Contrary to the position of defendants, we determine that the subcontract was executed by one of the plaintiff joint venturers and an officer of the defendant subcontractor, with knowledge on the part of the subcontractor at that time that there was a joint venture between the signatory and others and with knowledge of the terms and conditions of the prime contract between contractor and the State of California...

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