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HEBBERD-KULOW ENTERPRISES, INC. v. KELOMAR, INC.

No. D060438.

218 Cal.App.4th 272 (2013)

159 Cal. Rptr. 3d 869

HEBBERD-KULOW ENTERPRISES, INC., Plaintiff and Respondent, v. KELOMAR, INC., Defendant and Appellant.

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

July 25, 2013.

Attorney(s) appearing for the Case

Sutherland & Gerber and Lowell F. Sutherland for Defendant and Appellant.

Horton, Knox, Carter & Foote, Orlando B. Foote and Margarita McKee Haugaard for Plaintiff and Respondent.

OPINION

HUFFMAN, Acting P. J. —

Hebberd-Kulow Enterprises, Inc. (HKE), sold agricultural supplies to Kelomar, Inc. (Kelomar), for 20 years. HKE brought suit against Kelomar when Kelomar refused to pay for certain goods shipped under 33 separate invoices. Kelomar filed a cross-complaint alleging damages arising from HKE's delivery of nonconforming labels provided under a contract that did not involve the 33 invoices.

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