DAVIS CO. v. SUPERIOR COURT

Docket No. 9904.

1 Cal.App.3d 156 (1969)

81 Cal. Rptr. 453

DAVIS COMPANY, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; ESSEX CHEMICAL CORPORATION, Real Party in Interest.

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

October 23, 1969.


Attorney(s) appearing for the Case

COUNSEL

Hervey & Mitchell, Hillyer & Irwin, and Michael F. Welch for Petitioner.

No appearance for Respondent.

Procopio, Cory, Hargreaves & Savitch and Paul B. Wells for Real Party in Interest.


OPINION

COUGHLIN, J.

Essex Chemical Corporation sued Davis Company and others to recover the value of material furnished to and used by Davis in the performance of a subcontract in connection with the construction of San Diego stadium. Davis cross-complained for breach of warranty claiming the material furnished was not suitable for the purpose intended, as a result of which it sustained...

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