California Court: Cannot Sue for Breach of Warranty where no Such Warranty Was Provided

P entered a contract for harvesting timber. P sued D because the harvest level was below the rate of '176.2 million board feet per year for the first ten years.' Trial court granted summary judgment for D, because the contract did not guaranty any such level, and in fact during the contract negotiations such a provision had been rejected. Court of appeal affirmed. What was not guarantied by contract cannot be supplied by covenant of good faith and fair dealing.
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Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.