Standard Oil Company of California v. Clyde A. Perkins

In 1953, Standard Oil Company of California entered into a consignment contract with Clyde A. Perkins, Lee G. Powell and the Harris Oil and Distributing Companies. 1 The contract permitted the consignees to sell Standard’s petroleum products on a “non-exclusive basis” in designated areas of Washington and Oregon. Those areas were “outlined and indicated on the print marked Exhibit B, attached” to the contract and “made a part” thereof. Exhibit B consists of two maps, both of which clearly include the Yakima, Washington area as part of the territory in which consignees could distribute Standard products.

In 1956 a new contract was executed which “terminated and superseded” the 1953 contract. After operating under the 1956 agreement for two years, Perkins terminated his relations with his co-consignees and Standard. In 1959 he then commenced an action in the Superior Court of the State of Washington against Standard, seeking damages for breach of contract. The action was predicated on Standard’s refusal to provide Perkins with products for distribution in the Yakima area.

Alleging diversity of citizenship between the parties, Standard sought and obtained removal of the action to…

(concurring).

I concur in the decision of the Court and in all of the opinion of my brother Koelsch, except Part VII relating to the assignments from Perkins Oil Company to Perkins. In my opinion, it does not lie in the mouth of Standard to assert in this breach of contract case that Perkins Oil Company, rather than Perkins, is the real party in interest. The contract was between Standard and Perkins. By its own terms, it was not assignable without Standard’s consent. No assignment was ever made by Perkins, nor would Standard consent to any such assignment. Standard dealt only with Perkins. Consequently, I think it immaterial whether the purported assignment is valid, and that we ought not to decide that question in this case.

347 F.2d 379 STANDARD OIL COMPANY OF CALIFORNIA, Appellant, v. Clyde A. PERKINS, Appellee. Nos. 18928, 19352. United States Court of Appeals Ninth Circuit. June 14, 1965, Rehearing Denied Sept. 3, 1965. Francis R. Kirkham, Richard J. MacLaury, Thomas E. Haven, Pillsbury, Madison & Sutro, San Francisco, Cal., Wayne Hilliard, James H. Clarke, Koerner, Young, McColloch & Dezendorf, Portland, Or., for appellant. Roger Tilbury, Portland, Or., for appellee. Before POPE, KOELSCH and DUNIWAY, Circuit Judges. KOELSCH, Circuit Judge. 1 In 1953, Standard Oil Company of California entered into a consignment contract with Clyde A. Perkins, Lee G. Powell and the Harris Oil and Distributing Companies. 1 The contract permitted the consignees to sell Standard's petroleum products on a 'non-exclusive basis' in designated areas of Washington and Oregon. Those areas were 'outlined and indicated on the print marked Exhibit B, attached' to the contract and 'made a part' thereof. Exhibit B consists of two maps, both of which clearly include the Yakima, Washington area as part of the territory in which consignees could distribute Standard products. 2 In 1956 a new contract was executed which…