Legal Opinion
Clack v. State of California Ex Rel. Dept. Pub. Wks.
California Court of Appeal
Decided August 20, 1969No. Civ. 11948PublishedCited by 8 opinions
1Opinion of the CourtFriedman, Acting P. J.
This is a breach of contract action against the state growing out of disputes over performance of a highway construction project. Plaintiff sues both as a subcontractor and as assignee of the general contractor. The trial court denied plaintiff’s motion for leave to amend his complaint and granted the state’s motion for judgment on the pleadings. Plaintiff appeals from the ensuing judgment.
The complaint seeks damages for alleged breach of an implied warranty of correctness of the plans and specifications, for misrepresentation of project conditions and for unjustified change orders. The…
2Cases cited28 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Moran v. Board of Medical ExaminersCalifornia Supreme Court · 1948
- United States v. WunderlichSupreme Court of the United States · 1951
- People v. BassettCalifornia Supreme Court · 1968
- Estate of TeedCalifornia Court of Appeal · 1952
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3Cited by8 opinions
- Careau & Co. v. Security Pacific Business Credit, Inc.California Court of Appeal · 1990
- Gentry v. eBay, Inc.California Court of Appeal · 2002
- Acoustics, Inc. v. Trepte Construction Co.California Court of Appeal · 1971
- East San Bernardino County Water District v. City of San BernardinoCalifornia Court of Appeal · 1973
- People Ex Rel. Department of Public Works v. McNamara Corp.California Court of Appeal · 1972
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