Appellant builders sought review of a decision from the Superior Court of Riverside County (California), which entered a judgment in favor of respondent city. The city had brought a breach of contract action against the builders.
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The city entered into a contract with the builders in which the city agreed to build a drainage ditch for a subdivision and the builders agreed to pay the city $ 50,000. When the city demanded that the buyers pay the $ 50,000, the buyers refused to pay because the ditch was not in fact fully completed. The city brought an action against the builders for breach of contract. The trial court entered a judgment in favor of the city, but held that the $ 50,000 would be impounded until the drainage ditch was complete. On appeal, the city contended that the judgment was interlocutory and not appealable. The court denied the city’s motion to dismiss the appeal and affirmed the judgment of the trial court. The court held that: (1) orders requiring the payment of money by the party complaining or the doing of an act by or against him were usually regarded as final as against such party and could be appealed from by him; (2) there was substantial evidence to support the finding of the trial court that the city was not in default in the performance of its obligations under the contract.
The court affirmed the judgment of the trial court in favor of the city.