Distrillers Distributing Corporation v. J. C. Millett Co., a Corporation, D/B/A Key Distributing Co.

Good Law
310 F.2d 162
United States Court of Appeals for the Ninth CircuitJanuary 2, 196317548California1,481 words

Opinion

Opinion

Orr, J.

We have before us a second appeal in this case. The first resulted in a reversal, in part, of the trial court’s judgment with directions to it to permit amendment of paragraph IX of the complaint and further, that the cause proceed on this court’s interpretation of paragraph 11 of the contract involved. Amendment of paragraph IX was made as directed and the trial court proceeded to hear and determine the case according to the direction of this court. It rendered judgment in favor of appellee J. C. Millett Co. on the causes of action presented by amended paragraph IX and paragraph 11.

In this appeal appellant asserts that the evidence is insufficient to support the findings. Taking up the first cause of action, we find that the trial court had before it in support of its judgment the following evidence: that appellee is a -wholesaler of alcoholic beverages in the State of California and that appellant is a distilled spirits manufacturer’s agent engaged in the sale of alcoholic beverages to wholesalers; that appellant and appellee entered into a contract whereby appellee was to distribute appellant’s distilled products. Appellee alleged that appellant breached its contract on or…

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