[Download] "Estate of Edna J. Nesbitt v. First Western Bank and Trust Co." by Second Appellate District, Division Two District Court Of Appeal Of California # Book PDF Kindle ePub Free

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eBook details

• Title: Estate of Edna J. Nesbitt v. First Western Bank and Trust Co.
• Author : Second Appellate District, Division Two District Court Of Appeal Of California
• Release Date : January 24, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

Plaintiff Edward J. Volf, a general contractor, constructed a stucco house in San Andres for A. P. Hoover. A stucco exterior finish for a house consists of three coats: a "scratch" coat, which is a mixture of sand, cement and water applied 3/8 inch to 1/2 inch thick; a "brown" coat, which is a similar mixture of the same thickness; and a "color" or "finish" coat, which is like a paint wash applied with a trowel about 1/8 inch thick. The "scratch" coat went on without incident. The "brown" coat would not stick to the "scratch" coat so Volf returned the mixture to the Neilsen Company for replacement. He mixed the new ingredients in the proper proportions and applied the "brown" coat. The mixture did not meet Volfs expectations but he assumed that it would be all right. After applying the "brown" coat, he applied the finish or "color" coat. Shortly before the building was completed and possession taken by Hoover, cracks appeared in the exterior stucco of the building and Hoover complained. Hoover and Volf then agreed that if the cracks did not get worse Hoover would accept the building and Volf would fill in and paint over the cracks if necessary. When the rain came, the cracks became worse and Hoover called in the State Contracting Board. Tests showed that the stucco was of the right mixture but below compressive strength and that the cracking occurred in the "scratch" and "brown" coats. The board decided in favor of Hoover and Volf put a new stucco exterior over the old at an additional cost to him of $1,309.15.

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