GRAVELY MOTOR PLOW & CULTIVATOR CO. v. H. V. CARTER CO.

No. 12844.

193 F.2d 158 (1951)

GRAVELY MOTOR PLOW & CULTIVATOR CO. v. H. V. CARTER CO., Inc.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 28, 1951.


Attorney(s) appearing for the Case

Samuel S. Stevens, F. Whitney Tenney, Eugene S. Clifford and Heller, Ehrman, White & McAuliffe, all of San Francisco, Cal., for appellant.

David Freidenrich and Carroll, Davis & Freidenrich, all of San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and BONE and POPE, Circuit Judges.


DENMAN, Chief Judge.

This is an appeal from a judgment awarding damages to appellee, hereafter called Carter Co., a California corporation, on a finding that the appellant, hereafter called Gravely Co., a West Virginia corporation, had broken its contract to deliver certain tractors to Carter Co.

Gravely Co. contends that no contract was entered into with Carter Co. for delivery to it of the tractors. Underlying this contention, Gravely claims that the district...

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