Atkins, Kroll (Guam), Ltd. v. Julio R. Cabrera

Julio R. Cabrera, winner of a raffle for an automobile, was unable to obtain delivery of the prize, so brought this action for damages in the District Court of Guam. Three claims were stated in the second amended complaint. The first was against the American Legion and Ernie Pyle Post No. 37 (Guam) of the American Legion, which conducted the raffle. The second was against Ernie Pyle Post No. 37 and fifty “John Doe” members thereof. The third was against Atkins, Kroll (Guam), Ltd., an automobile dealer which had entered into a contract to sell an automobile to the post and had given the latter possession of the automobile for purposes of display.

It was agreed between Cabrera and Atkins, Kroll that the third claim should be tried separately and ahead of the other claims, and an order to that effect was entered. Pretrial proceedings were had with regard to that claim, leading to the entry of a pretrial order. The parties therein stipulated that this claim should be tried by the court on agreed facts set out in that order. They further agreed that the sole question before the court was as to whether Atkins, Kroll was estopped from denying that the post was authorized by Atkins,…