Aced v. Hobbs-Sesack Plumbing Co.

55 Cal.2d 573 (1961)

JAMES P. ACED, Respondent,

v.

HOBBS-SESACK PLUMBING COMPANY (a Partnership), Appellant. [fn. *]

S. F. No. 20188.

Supreme Court of California. In Bank.

Apr. 6, 1961.

Crist, Peters, Donegan & Brenner and John M. Brenner for Appellant.

Ropers, Majeski & Kane and Eugene J. Majeski for Respondent.

GIBSON, C. J.

This is an appeal by cross-defendant Hobbs-Sesack Plumbing Company (hereafter called Hobbs) from an order granting a new trial to cross-complainant Aced, who was doing business under the fictitious name of Functional Construction Company.

Aced contracted with plaintiff owners to…