Legal Opinion

Shepherd v. Miles & Sons, Inc.

California Court of Appeal

Decided July 28, 1970No. Civ. 1133PublishedCited by 5 opinions

1Opinion of the Court

Opinion

STONE, P. J.

Defendants appeal from a judgment awarding to plaintiffs the sum of $29,179.03 and prejudgment interest.

This case arises from transactions among participants in a construction project. Guy F. Atkinson Company, prime contractor on a highway project, subcontracted with appellant Miles & Sons, Inc., a corporation, 1 to furnish fill from state-designated pits. Atkinson waived a performance bond by Miles upon the agreement of Miles to hold Atkinson harmless from liens or claims of third persons arising from project operations of Miles or its subcontractors. Miles subcontracted…

2Cases cited3 opinions

  1. Lucas v. HammCalifornia Supreme Court · 1961
  2. Shell v. SchmidtCalifornia Court of Appeal · 1954
  3. Nomellini Construction Co. v. HarrisCalifornia Court of Appeal · 1969

3Cited by5 opinions

  1. Alling v. Universal Manufacturing Corp.California Court of Appeal · 1992
  2. Heckmann v. AhmansonCalifornia Court of Appeal · 1985
  3. Soderberg v. McKinneyCalifornia Court of Appeal · 1996
  4. National Automobile & Casualty Insurance v. PitchessCalifornia Court of Appeal · 1973
  5. Phyllis Preston Roger Preston, of the Estate of Paul R. Preston v. Minnesota Mutual Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1997

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