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Contracts Keyed to Ayres
Lowy v. United Pacific Insurance Co.
Citation:67 Cal.2d 87.
The parties entered entered into a contract where the defendant did certain excavation and grading work on lots and street improvement. After the defendant had performed 98% of the grading work, an argument arose between the parties regarding $7,200 for additional work. This work consisted of importing dirt for fills, and necessitated changes made by plaintiffs. The defendant ceased performance. The plaintiff hired another company to do the rest of the work and sued the defendant. The defendant answered and cross-complained for damages for breach of contract.
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