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ZAGAMI, INC. v. JAMES A. CRONE, INC.

Nos. D049563, D050090.

74 Cal.Rptr.3d 235 (2008)

160 Cal.App.4th 1083

ZAGAMI, INC., Plaintiff and Respondent, v. JAMES A. CRONE, INC., Defendant and Appellant.

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

March 10, 2008.

Attorney(s) appearing for the Case

Richard W. Weinthal, for Defendant and Appellant.

Niddrie, Fish & Buchanan, David A. Niddrie, San Diego; Law Offices of Jack A. Balistreri and Jack A. Balistreri, San Diego, for Plaintiff and Respondent.

McCONNELL, P.J.

Defendant James A. Crone, Inc. (Crone) appeals a judgment in favor of plaintiff Zagami, Inc. (Zagami) entered on a special verdict. The jury found Crone breached a contract with Zagami for the rental and delivery of a "skiploader" tractor Zagami supplied to Crone for use at a jobsite Crone managed. The jury awarded Zagami damages of $15,500 on its breach of contract claims and on its common count for open book account. However, for purposes of Zagami...

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