MINOT v. CHARLES YOUNG CONSTRUCTION, INC.

No. 19377.

344 F.2d 671 (1965)

Alfred W. MINOT, Essie Minot, also known as Mrs. Alfred Minot, and Richard Suydam, Appellants, v. CHARLES YOUNG CONSTRUCTION, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

April 20, 1965.


Attorney(s) appearing for the Case

E. R. Crain, Agana, Guam, Earl Robinson, Fong, Miho, Choy & Robinson, Honolulu, Hawaii, for appellants.

David M. Shapiro, Agana, Guam, for appellee.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.


PER CURIAM.

On the theory that the contract was terminated, appellants assert that the appellee's measure of damages should have been in quantum meruit rather than pursuant to the contract price. No notice of termination was given by the appellants, however, and the District Court found no breach by appellee which would have warranted termination. The only notice given by appellants was expressly in accordance with the terms of paragraph #9 (Exh. 5). While the notice...

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