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RODWIN METALS, INC. v. WESTERN NON-FERROUS METALS

Docket No. 34512.

10 Cal.App.3d 219 (1970)

88 Cal. Rptr. 778

RODWIN METALS, INC., Plaintiff and Respondent, v. WESTERN NON-FERROUS METALS, INC., Defendant and Appellant.

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

August 4, 1970.

Attorney(s) appearing for the Case

COUNSEL

Hutchinson & Irwin and James A. Irwin for Defendant and Appellant.

Walzer, Weinstock, Manion & King and Stuart B. Walzer for Plaintiff and Respondent.

OPINION

KAUS, P.J.

After a court trial, plaintiff recovered a judgment against defendant for breach of contract. Defendant appeals from the judgment.

By written contract dated August 25, 1964, plaintiff agreed to sell defendant about 500 metric tons of lead fume.1 Under the terms of the agreement the material was to be ready "upon one week to ten days notice." The contemplated time for delivery...

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