Don W. McNamara and Genevieve C. McNamara v. Jones & Guerrero Co., Inc.

Appellants, defendants below, are here challenging the granting by the district court of a motion for summary judgment against them. Fed.R.Civ.P. 56.

Appellee, a one time employer of appellants on the island of Guam, brought suit to recover $733.60 expended in transporting appellants to Guam from San Francisco, California. An employment contract had been signed by the parties and appellee alleged that under its terms appellants became liable for their air fare when and if appellants unlawfully terminated the agreement.

Appellee filed suit in the Island Court of Guam. After appellants entered a counterclaim for the' balance due on their employment contract, which was in excess of the jurisdiction of the Island Court, the action was removed to the United States District Court of Guam.

Appellants defended against appellee’s claim by contending that appellee prevented their performance of the employment agreement by not observing its terms.

Appellee moved successfully for summary judgment. In his ruling, the district judge pointed out that before leaving Guam, appellants had written appel-lee a letter (R.T. 64). The court’s analysis of the letter was that it constituted both a…