[Download] "Alonso v. California" by Second Appellate District, Division One Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: Alonso v. California
- Author : Second Appellate District, Division One Court of Appeal of California
- Release Date : January 30, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
John Edward McKenzie appeals from a judgment determining that he was not entitled to recover attorneys fees in an action against respondent Kaiser-Aetna. McKenzie alleged that Kaiser-Aetna had failed to pay for services, labor, and material furnished by appellant to Kaiser-Aetna on a construction project. The services, labor and material were furnished in accordance with specifications that McKenzie alleged were not included in the original written contract but were adopted by Kaiser-Aetna after McKenzie had begun construction work. On the basis of this alleged change in specifications, the complaint also stated causes of action for unpaid sums on an open book account and on an account stated, for compensation on a count of quantum meruit, and for damages for breach of implied warranty, for fraud, and for negligent misrepresentation. A cause of action for compensation for extra work performed pursuant to an agreement outside the original written contract was also stated. The complaint requested attorneys fees on the basis of a provision in the contract. Under Civil Code section 1717, some contractual provisions for attorneys fees are to be given reciprocal effect; i.e., the prevailing party "in any action on a