Berry v. City of Santa Barbara

This is an appeal from a judgment for plaintiff-respondent, C. W. Berry, hereinafter called “Contractor” in the amount of $5,323.81 as the amount owing to him under a contract with defendant-appellant, the City of Santa Barbara, hereinafter called “City” to resurface and subseal certain of its streets.

The basis of this appeal is that the trial court prejudicially erred against the City in making the following finding: “4. That the issues of plaintiff’s performance of the terms of the contract and the liability for the asphalt entering the city sewers were heretofore decided in the case of…