Lowy v. United Pacific Insurance

Plaintiffs appeal from a judgment in favor of defendant Arnold Wolpin (hereinafter referred to as “defendant”) on a cross-complaint for damages for breach of an excavation and grading contract.

Facts: Plaintiffs, owners and subdividers, entered into a contract with defendant, a licensed contractor, for certain excavation and grading work on lots and streets, together with street improvement work consisting of paving the streets and installing curbs and gutters, in a subdivision containing 89 residential lots.

After defendant had performed 98 percent of the contracted excavation and grading…