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WOODMONT, INC. v. DANIELS

Nos. 6041, 6042.

274 F.2d 132 (1959)

WOODMONT, INC., a corporation, Continental Materials Corporation, formerly Continental Uranium, Inc., a corporation, Appellants, v. S. DANIELS, L. R. Allison and A. J. Haney, co-partners doing business as Daniels Construction Company, Appellees. S. DANIELS, L. R. Allison and A. J. Haney, co-partners doing business as Daniels Construction Company, Cross-Appellants, v. WOODMONT, INC., a corporation, Continental Materials Corporation, formerly Continental Uranium, Inc., a corporation, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 11, 1960.

Attorney(s) appearing for the Case

Calvin A. Behle and Keith E. Taylor, Salt Lake City, Utah (C. C. Parsons, Elliott W. Evans and A. D. Moffat, Salt Lake City, Utah, were with them on brief), for appellants and cross-appellees.

Edward W. Clyde, Salt Lake City, Utah (J. R. Modrall, Albuquerque, N. M., and Allan E. Mecham, Salt Lake City, Utah, were with him on brief), for appellees and cross-appellants.

Before MURRAH, Chief Judge, and PHILLIPS and PICKETT, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal and cross appeal from a judgment in a diversity action for damages based upon actionable misrepresentations in the execution of a contract. Federal jurisdiction is concededly present. By the terms of the contract of June 20, 1955, as amended, the plaintiff-appellee, Daniels Construction Company, agreed with appellant, Woodmont, Inc., to excavate approximately 2,500,000 cubic yards of overburden for the strip mining of a uranium...

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