D. L. Godbey & Sons Construction Co. v. Deane

39 Cal.2d 429 (1952)

D. L. GODBEY & SONS CONSTRUCTION COMPANY (a Corporation), Appellant,

v.

BEN C. DEANE et al., Respondents.

L. A. No. 22258.

Supreme Court of California. In Bank.

Aug. 5, 1952.

Glen Byhymer and Lewis M. Andrews for Appellant.

Edmond Gattone for Respondents.

Gardiner Johnson, ThoS.E. Stanton, Jr., and John A. Sproul, as Amici Curiae on behalf of Respondents.

TRAYNOR, J.

Plaintiff has appealed from a judgment for defendants entered after a demurrer to its fourth amended complaint was sustained without leave to amend.

Plaintiff alleged that it entered into a written contract to perform…