Power City Communications, Inc. v. Calaveras Telephone Co.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

The somewhat complex facts underlying this litigation should be set forth in some detail before a discussion of the two legal issues before the court is undertaken. The summary below is primarily gleaned from plaintiff’s “Memorandum of Argument” filed May 1, 1967.

On September 14, 1964, a written contract was entered into by Power City Construction and Equipment, Inc. (hereinafter referred to as “Power City Construction”) and the principal defendant, Calaveras Telephone Company, for the installation and construction of telephone facilities in Calaveras…