This section contains the nature of the case and procedural background.

J'Aire (P) operated a restaurant under lease from the County of Sonoma. The county provided heat and air conditioning. County contracted with D to improve the premises including a renovation of the heating and air conditioning. There was no specific performance date. The work was not completed within a reasonable time and P suffered loss of business and loss of profits. Damages were claimed to be $50,000. P sued as a third-party beneficiary and under tort. D demurred, and the complaint was dismissed. P appealed.

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