FISHER CONSTRUCTION COMPANY v. LERCHE

No. 14842.

232 F.2d 508 (1956)

FISHER CONSTRUCTION COMPANY, Ltd., Appellant, v. C. W. LERCHE, Appellee.

United States Court of Appeals Ninth Circuit.

April 17, 1956.


Attorney(s) appearing for the Case

Lyle H. Turner, Agana, Guam, Spiegel, Turner & Stevens, Santa Monica, Cal., for appellant.

E. R. Crain, Agana, Guam, Thomas Jenkins, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge and STEPHENS and CHAMBERS, Circuit Judges.


DENMAN, Chief Judge.

This is an appeal from a judgment of the District Court of Guam awarding appellee, hereafter the Employee, $3,200.00 damages against appellant, hereafter the Employer, for breach of a contract of employment. The employer contends that the District Court erroneously placed the burden of proof on it as to factors mitigating the damages.

The employee was employed by the employer for a two-year period. In the middle of the second year the...

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