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MERRITT-CHAPMAN & SCOTT CORP. v. GUNDERSON BROS. ENG. CORP.

No. 17575.

305 F.2d 659 (1962)

MERRITT-CHAPMAN AND SCOTT CORPORATION, a Delaware Corporation, Appellant v. GUNDERSON BROS. ENGINEERING CORPORATION, an Oregon Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

June 19, 1962.

Attorney(s) appearing for the Case

Moe & Kight, and Clifford O. Moe, Ephrata, Wash., Kizer, Gaiser, Stoeve, Layman & Powell, and John G. Layman, Spokane, Wash., Allen, DeGarmo & Leedy, and Gerald DeGarmo, Seattle, Wash., for appellant.

White, Sutherland & White, and William F. White, Portland, Or., and Sherwood, Tugman & Green, and Cameron Sherwood, Walla Walla, Wash., for appellee.

Before HAMLIN and MERRILL, Circuit Judges, and BEEKS, District Judge.

BEEKS, District Judge.

The appeal in this diversity case tests the correctness of the trial court's determination that there was evidence from which the jury could find that a contract existed between appellant (MCS) and respondent (Gunderson).

The material facts are substantially undisputed. Early in 1956, Public Utility District No. 2 of Grant County, Washington (P.U.D.), advertised for bids to construct Priest Rapids Dam on the Columbia River at Ephrata...

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