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McGUIRE & HESTER v. CITY ETC. OF S.F.

Docket No. 15141.

113 Cal.App.2d 186 (1952)

247 P.2d 934

McGUIRE & HESTER (a Corporation), Respondent, v. CITY AND COUNTY OF SAN FRANCISCO, Appellant.

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

September 24, 1952.

Attorney(s) appearing for the Case

Dion R. Holm, City Attorney, and A. Dal Thomson, Public Utilities Counsel, for Appellant.

Gardiner Johnson and John A. Sproul for Respondent.

BRAY, J.

Defendant appeals from a judgment awarding plaintiff $35,841.24 damages for breach of contract.

QUESTIONS PRESENTED

1. Do the terms of the contract prohibit recovery of damages incurred by plaintiff solely due to defendant's failure to obtain rights of way as agreed?

2. Did plaintiff fail to comply with its legal duty to minimize damages?

3. Was interest on the amount of damages from date of completion of contract recoverable...

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