Wm. Smith Contracting Co. v. Curtis

259 F.2d 1 WM. A. SMITH CONTRACTING CO., Inc., a corporation, and Wm. A. Smith Contracting Company of California, a corporation, doing business as a joint venture under the name of Lookout Point Constructors, Appellants, v. Marland CURTIS, Lyman Curtis, Glen C. Curtis and Rachel Curtis, a copartnership, doing business as Curtis Gravel Company, Appellees. No. 15828. United States Court of Appeals Ninth Circuit Sept. 8, 1958. Keane & Haessler, Gordon H. Keane, Eric R. Haessler, Virginia M. Riley, Portland, Or., for appellant. Ramacciotti & Ratcliffe, Albert L. Ramacciotti, Robert E. Ratcliffe, Portland, Or., for appellees. Before DENMAN, BARNES and HAMLIN, Circuit Judges. DENMAN, Circuit Judge. 1 Lookout Point Constructors, two corporations, one of Missouri and the other of California (hereafter Constructors), appeal from a judgment for damages for breach of a contract to purchase ballast material for a railway track of some sixteen miles being constructed in Oregon by Constructors. The judgment was entered by the United States District Court of Oregon in a diversity action brought by Curtis Gravel Company, a partnership of Washington State citizens (hereafter Gravel…