Texas Gulf Sulphur Company v. J. R. Simplot Company

418 F.2d 793 TEXAS GULF SULPHUR COMPANY, a corporation, Defendant and Appellant, v. J. R. SIMPLOT COMPANY, a corporation, Plaintiff and Appellee, and John Hancock Mutual Life Insurance Company, a corporation, Intervener and Appellee. No. 22829. United States Court of Appeals Ninth Circuit. October 24, 1969. John D. Hartigan (argued), New York City, Elam, Burke, Jeppesen & Evans, Boise, Idaho, for appellant. Jess B. Hawley, Jr. (argued), Paul B. Ennis, of Hawley, Troxell, Ennis & Hawley, Boise, Idaho, Carl J. Schuck (argued), of Overton, Lyman & Prince, Los Angeles, Cal., Eberle & Berlin, Boise, Idaho, for appellee. Before HAMLIN, BROWNING and CARTER, Circuit Judges. JAMES M. CARTER, Circuit Judge: 1 This action was started by J. R. Simplot Company, a corporation (hereafter Simplot), to obtain a judgment that Texas Gulf Sulphur Company, a corporation (hereafter Texas Gulf), was obligated under an option clause in a 1963 contract to deliver each year to Simplot 40,000 long tons of sulphur. Texas Gulf's answer denied Simplot's interpretation of the option clause and by affirmative defense claimed a different price was involved or alternately that no price was provided…