Farmland Irrigation Company, Inc., a Corporation v. George Dopplmaier

Good Law
220 F.2d 247·1955 U.S. App. LEXIS 3327
United States Court of Appeals for the Ninth CircuitMarch 8, 195513659California1,248 words

Opinion

Opinion

Byrne, J.

Darrel C. Mansur entered into a license agreement with Stout Irrigation, Inc., an Oregon corporation, granting the latter the right to manufacture and sell certain irrigation apparatus. Appellee George Dopplmaier of Rio Linda, California, is the assignee of the rights of Darrel C. Mansur under that license agreement. A dispute having arisen between Dopplmaier and Stout Irrigation, Inc., as to the amount of royalties due under the license agreement, Dopplmaier, on June 6, 1951, filed a complaint for an accounting in the United States District Court for the District of Oregon. On October 8, 1951, the defendant Stout Irrigation, Inc. filed its answer.

Thereafter, on May 22, 1952, the appellant Farmland Irrigation Company, Inc. filed a “Motion to Intervene as a Defendant”, supported by an affidavit of its vice-president, setting forth that on February 1, 1952, Farmland Irrigation Company, Inc., by contract, acquired all of the assets and bound itself contractually to assume all of the liabilities of Stout Irrigation, Inc., including any liability which might be adjudged against Stout Irrigation, Inc. in this action. It was further alleged that the representation of the interest of…

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