v0766-179

%~

No. 2159.

United States

Circuit Court of Appeals

FOR THE NINTH CIRCUIT.

Los Angeles Gas and Electric Com-

pany, a corporation,

Plaintijf in Error,

vs.

The Western Gas Construction

Company, a corporation.

Defendant in Error.

BRIEF FOR DEFENDANT.

This is an action brought by the Los Angeles Gas

and Electric Company, (herein designated the Gas Com-

pany), against The Western Gas Construction Com-

pany, (referred to as the Construction Company) to

recover the sum of $26,823.45, fixed as a penalty for

the alleged breach of certain warranties of capacity in

a contract for the construction of what is known as an

extended carburetter superheater water gas apparatus,

together also with the expense of moving the apparatus

from its premises. The Gas Company is a corporation

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