Willman v. Alver

252 F.2d 895 H. P. WILLMAN, Doing Business as Poppers Supply Co., Appellant, v. Harold M. ALVER, Oscar J. Alver, Raymond N. Alver, Lucile M. Alver, Jeannette V. Alver and Mildred M. Alver, a Co-partnership Doing Business as Premier Popcorn Company, Appellees. No. 15429. United States Court of Appeals Ninth Circuit. January 3, 1958. J. P. Stirling, John F. Reynolds, Portland, Or., for appellant. Clark & Clark, M. H. Clark, William E. Tassock, Portland, Or., for appellees. Before STEPHENS, Chief Judge, and POPE and CHAMBERS, Circuit Judges. STEPHENS, Chief Judge. 1 In the District Court the judge presiding granted a motion for a directed verdict in favor of the plaintiff individuals doing a co-partnership business under the name of Premier Popcorn Company. The court referred the amount of damages to the jury which fixed the amount at the sum of $10,800. Willman, the defendant, brought this appeal. 2 His main contention is that it was error for the trial court to direct a verdict for appellee and to find as a matter of law that the contract sued upon had neither been modified nor rescinded, that this was a question for the jury. He also complains of the instructions to the jury…