[Download] "Irving v. Superior Court of Alameda County" by First Appellate District, Division Three Court of Appeal of California # eBook PDF Kindle ePub Free
eBook details
- Title: Irving v. Superior Court of Alameda County
- Author : First Appellate District, Division Three Court of Appeal of California
- Release Date : January 30, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Defendants Trans Pacific Industries, Inc. (TPI) and Firemans Fund Insurance Company (Firemans) appeal from the judgment in favor of plaintiff City of Sacramento (City). The judgment was entered after a court trial of a contract action arising out of TPIs failure to perform its obligations under a subdivision agreement with City. On appeal both defendants contend that (1) there is no evidence City suffered damages as a result of TPIs breach; and (2) even if City was damaged, it failed to mitigate damages. Firemans additionally contends that (1) it was exonerated under its surety bond guaranteeing TPIs performance; (2) the agreement whereby City promised to reimburse cross-defendant Ron Watkins Properties, Inc. (Watkins), out of any recovery in this lawsuit for his expenses incurred in performing certain of TPIs defaulted contractual obligations constitutes an unlawful attempt to assign a public subdivision bond; and (3) with reference to that portion of the judgment in Citys favor equal to the cost of engineering services supplied TPI by City, Firemans was neither party to nor surety for TPI with respect to the contract by which TPI promised to pay City for such services.