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SUNBEAM CONSTRUCTION CO. v. FISCI

Docket Nos. 12177, 12280.

2 Cal.App.3d 181 (1969)

82 Cal. Rptr. 446

SUNBEAM CONSTRUCTION CO., Plaintiff and Appellant, v. FRANK FISCI et al., Defendants and Respondents. SUNBEAM CONSTRUCTION CO., Plaintiff and Appellant, v. DAVE W. DAILEY et al., Defendants and Respondents. (Two cases.)

Court of Appeals of California, Third District.

November 28, 1969.

Attorney(s) appearing for the Case

COUNSEL

Price, Burness & Price and R.E. Burness for Plaintiff and Appellant.

Rich, Fuidge, Dawson, Marsh & Morris, Richard H. Fuidge, Laughlin, Craig & Christensen and Maynard C. Craig for Defendants and Respondents.

OPINION

BRAY, J.*

The appeals in these two cases from summary judgments in favor of the respective defendants were consolidated for hearing.

Questions Presented:

1. Does a contractor's compliance with plans and specifications furnished by the owner preclude any implied warranty which would have required a deviation from such plans and specifications?

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