EH Morrill Co. v. State of California

PEEK, J.*

Plaintiff E. H. Morrill Company, as general contractor for the construction of a facility for the State of California, appeals from a judgment of dismissal after the trial court sustained, without leave to amend, the state’s demurrer to a complaint for damages for the costs of performing additional subsurface rock excavation pursuant to the contract. The damages are alleged to have resulted from the state’s misrepresentation or warranty as to subsurface conditions the contractor would encounter in excavating for the facility.

The complaint alleged that plaintiff and the Department of…