Ford v. International Harvester Company

399 F.2d 749 Loren FORD and Frances Ford, Husband and Wife, and Davenport Equipment Company, Inc., a Washington Corporation, Appellants, v. INTERNATIONAL HARVESTER COMPANY, a New Jersey Corporation, Appellee. No. 21964. United States Court of Appeals Ninth Circuit. August 27, 1968. Justin Quackenbush, (argued), of Quackenbush, Dean & Smith, Spokane, Wash., for appellants. Will Lorenz, (argued), of Davis, Trezona, Chastek & Lorenz, Spokane, Wash., for appellee. Before HAMLEY and CARTER, Circuit Judges, and FOLEY, District Judge * . HAMLEY, Circuit Judge: 1 This is a diversity action by a farm equipment dealer and its sole shareholders to recover damages for breach, by the manufacturer, of an exclusive dealership agreement. Following a nonjury trial the district court entered judgment for defendant, holding that the suit is barred by the statute of limitations. Plaintiffs appeal. 2 The plaintiffs are Davenport Equipment Company, Inc., and its sole shareholders, Loren and Frances Ford. In the fall of 1958, Ford became interested in obtaining an International Harvester Company (Harvester) dealership in Eastern Washington. In furtherance of this project Ford had a number of…