Dowdall

The question here involved is as to the propriety of refusing to give an instruction offered by defendant and the giving of an instruction submitted by plaintiff. For a proper understanding of the controversy it is necessary to briefly set forth the facts.

John F. Griffin was the branch manager of the Gilmore Oil Company with headquarters in Chico. For about ten days prior to July 23, 1934, Griffin had been discussing with plaintiff the feasibility of plaintiff leasing and operating an oil station in Oroville, known as Henderson service station. By prearrangement Griffin went to Paradise on the afternoon of July 23 d, and there met plaintiff and Erie D. Beilby, and the three then drove to Oroville in an automobile of defendant and operated by Griffin to look over the Henderson station, arriving there about 9 o’clock P. M., having made the trip from Paradise by what is known as the Clark grade. While in Oroville they discussed the proposed deal, and about 11 or 11:30 o’clock that night they left the Henderson service station, and at the sug gestión of Griffin went to Healey’s Italian Village, a few miles from Oroville, partly to get something to eat and partly that the prospective…