PECK v. SHELL OIL CO.

No. 10280.

142 F.2d 141 (1944)

PECK et al. v. SHELL OIL CO., Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

April 15, 1944.


Attorney(s) appearing for the Case

Hackley & Hursh, Roy C. Hackley, Jr., and Jack E. Hursh, all of San Francisco, Cal., for appellants.

Chas. M. Fryer, Alfred C. Aurich, and Harold I. Johnson, all of San Francisco, Cal., for appellees.

Before MATHEWS, STEPHENS, and HEALY, Circuit Judges.


STEPHENS, Circuit Judge.

In an action upon a contract, brought in the District Court on the ground of diversity of citizenship of the parties, judgment was entered for defendants. Plaintiffs appeal.

On April 8, 1938, plaintiff-appellants, Peck and Ruddle, entered into a "license agreement" with Shell Oil Company, predecessor of appellant Shell Oil Company, Incorporated. (Both companies are hereinafter referred to as Shell.) Therein Peck and Ruddle warranted...

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