Gothberg v. Carr

221 F.2d 226 Victor GOTHBERG, an individual doing business as Gothberg Construction Company, Appellant and Appellee, v. Burton E. CARR, Jane Doe Carr, his wife, Jack Akers and Sherman Johnstone, Appellees and Appellants. No. 13959. United States Court of Appeals, Ninth Circuit. April 1, 1955. E. L. Arnell, George M. McLaughlin, Anchorage, Alaska, for appellants. Bell & Sanders, Anchorage, Alaska, for appellees. Before HEALY and BONE, Circuit Judges, and CLARK, District Judge. PER CURIAM. 1 This is a suit to recover the balance of monies allegedly owing on a contract, or series of contracts — some of them oral — for the construction of a garage. Plaintiff Gothberg was the builder and defendant Carr the owner of the premises. In his answer Carr alleged failure of performance on the part of Gothberg, and denied that there had been substantial performance. He interposed also a cross-complaint claiming damages for alleged violations of the agreements and for shortcomings in performance. 2 The case was tried to a jury. At the close of the evidence each party moved for a directed verdict, and both motions were denied. The jury returned a verdict in favor of Gothberg…