Liberman v. Nagel

316 F.2d 214 Maurice LIBERMAN, Joseph Grevey and Jack Grevey, co-partners, d.b.a. Duke City Lumber Company, and Duke City Lumber Company, a partnership, Appellants, v. George H. NAGEL, Appellees. No. 17642. United States Court of Appeals Ninth Circuit. March 23, 1963, Rehearing Denied May 15, 1963. 1 McCutchen, Doyle, Brown & Enersen, Burnham Enersen and Frederick O. Koenig, San Francisco, Cal., Jennings, Strouss, Salmon & Trask, Phoenix, Ariz., for appellants. 2 Moore, Romley, Killingsworth & Kaplan, Elias M. Romley, Philip A. Robbins, and James J. Cox, Jr., Phoenix, Ariz., for appellees. 3 Before BARNES and HAMLEY, Circuit Judges, and BOWEN, District Judge. 4 BOWEN, District Judge. 5 In this case in the Trial Court, the appellees (plaintiffs below) sued the appellants (defendants below) for breach of an alleged oral option agreement made September 20, 1958, and informally reduced to writing September 23, 1958, to sell to appellees a one-half interest in a Winslow, Arizona lumber milling business and related properties which were acquired November 6, 1958 by appellants from Arizona Timber Company, a competitor or associate of appellees and appellants, and which…