Legal Opinion
McGuire & Hester v. City & County of San Francisco
California Court of Appeal
Decided September 24, 1952No. Civ. No. 15141PublishedCited by 17 opinions
1Opinion of the CourtBray, 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 ?
General Facts
The case was tried upon an agreed statement of facts. Plaintiff, a general engineering contractor, entered into an agreement with defendant to construct a…
2Cases cited15 opinions
- Hansen v. CovellCalifornia Supreme Court · 1933
- Los Angeles Dredging Co. v. City of Long BeachCalifornia Supreme Court · 1930
- Cruise v. City & County of San FranciscoCalifornia Court of Appeal · 1951
- Jegen v. BergerCalifornia Court of Appeal · 1946
- Engebretson v. City of San DiegoCalifornia Supreme Court · 1921
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Howard Contracting, Inc. v. G.A. MacDonald Construction Co.California Court of Appeal · 1999
- Ace Stone, Inc. v. Township of WayneSupreme Court of New Jersey · 1966
- Buckley & Co., Inc. v. StateNew Jersey Superior Court Appellate Division · 1975
- Maurice L. Bein, Inc. v. Housing Authority of City of Los AngelesCalifornia Court of Appeal · 1958
- Department of Transportation v. Arapaho Construction, Inc.Supreme Court of Georgia · 1987
12 more not listed; retrieve them via the Exa API.