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CALIFORNIA CHICKS, INC. v. VIEBROCK

Docket No. 741.

254 Cal.App.2d 638 (1967)

62 Cal. Rptr. 269

CALIFORNIA CHICKS, INC., Plaintiff and Appellant, v. WILLIAM VIEBROCK, Defendant and Respondent.

Court of Appeals of California, Fifth District.

September 22, 1967.

Attorney(s) appearing for the Case

Lerrigo, Thuesen & Thompson and C. Richard Walters for Plaintiff and Appellant.

Muller, Pia & Simmons and Raymond H. Simmons for Defendant and Respondent.

CONLEY, P.J.

This is an appeal from a judgment upholding an affirmative defense tried specially by order of the court in a bifurcated trial for damages for breach of contract. The trial court found the contract upon which plaintiff based its claim for damages, which called for the purchase of eggs, to be unenforceable upon the ground that plaintiff had no farm produce dealer's license. (Agr. Code, § 1263.)

Plaintiff, who was in the business of purchasing...

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