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BERRY v. CITY OF SANTA BARBARA

Docket No. 29235.

248 Cal.App.2d 438 (1967)

56 Cal. Rptr. 553

C.W. BERRY, Plaintiff and Respondent, v. CITY OF SANTA BARBARA, Defendant and Appellant.

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

February 8, 1967.

Attorney(s) appearing for the Case

Stanley T. Tomlinson, City Attorney, for Defendant and Appellant.

Gerald B. Parent and W. Edmund Parent II for Plaintiff and Respondent.

COBEY, J.

This is an appeal from a judgment for plaintiff-respondent, C.W. Berry, hereinafter called "Contractor" in the amount of $5,323.81 as the amount owing to him under a contract with defendant-appellant, the City of Santa Barbara, hereinafter called "City" to resurface and subseal certain of its streets.

The basis of this appeal is that the trial court prejudicially erred against the City in making the following finding: "4. That the issues of plaintiff...

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