Camrosa County Water District v. Southwest Welding & Manufacturing Co.

On September 13, 1972, Camrosa County Water District (Camrosa) filed ah action against Southwest Welding and Manufacturing Company, a corporation (Southwest) and General Insurance Company of America, a corporation (General) for damages “in excess of $5,000 according to proof’ for breach of warranty of the quality of five water tanks. Southwest and General answered on October 20, 1972, and denied liability. At nonjury trial Southwest and General admitted liability. The court filed notice of intended decision to render judgment in favor of Camrosa for $22,728 and directed counsel for plaintiff to prepare findings and judgment. Southwest and General objected to any finding of damage in excess of $17,628. The objection was overruled and findings were made and judgment entered fixing damages in the amount of $22,728. Southwest and General appeal, from the judgment.

Contentions

Appellants contend:

I The finding that the reasonable cost of repairs was $22,728 is not supported by the evidence.

II Evidence of damage is relevant only if it bears on the detriment proximately resulting from the breach of contract.

III Camrosá’s damage as established by the evidence amounts to…