California Court of Appeal October 28, 1954, Civ. No. 20093 (P. & J. Artukovich, Inc. v. Simpson)

WOOD (Parker), J.

Action for damages for breach of contract. In a nonjury trial, judgment was for plaintiff. Defendants appeal from the judgment. •

Appellants contend that plaintiff cannot recover damages because plaintiff breached the contract first; and that the court erred in finding the plaintiff did not breach the contract.