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C.O. SPARKS, INC. v. PAC. COAST PAVING CO.

Docket No. 22672.

159 Cal.App.2d 513 (1958)

324 P.2d 293

C.O. SPARKS, INC. (a Corporation) et al., Respondents, v. PACIFIC COAST PAVING COMPANY, INC. (a Corporation) et al., Defendants; MALVEN AND NICKLAS, INC. (a Corporation) et al., Appellants.

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

April 18, 1958.

Attorney(s) appearing for the Case

John F. Reed, Francis M. Reiter, Anderson, McPharlin & Conners and Robert C. Haase, Jr., for Appellants.

Herbert Gall, John U. Gall and Edward Fitzpatrick for Respondents.

FOURT, J.

This is an appeal from a judgment in favor of the plaintiffs and against Malven and Nicklas, a corporation, as a prime contractor, and against United Pacific Insurance Company, a corporation, as surety, under a private works contract.

On March 22, 1954, Malven and Nicklas, a corporation, hereinafter referred to as "the contractor," entered into a contract with Bramwell Construction Company, a California corporation, hereinafter referred to as "the...

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