Gaspard & Company, Inc., a Corporation v. Government of Guam

Appellant appeals from a judgment of dismissal, with prejudice, of its complaint in contract for a money judgment against the appellee. Hereafter we will use the designation of the parties as they appear in the district court.

The dismissal was granted following the close of plaintiff’s case, on motion of the defendant, made on the ground of the failure to establish a prima facie case.

The jurisdiction of the district court was predicated upon the provisions of 48 U.S.C. § 1424 . This court has jurisdiction under 28 U.S.C. §§ 1291 and 1294, as amended.

Plaintiff’s claim, as set forth in its complaint, alleged in substance: That on the 13th day of November, 1964, the parties entered into a written contract whereby plaintiff, among other things, agreed to appraise all property on the territorial real estate tax assessment rolls of Guam, and was to be paid in return therefor the sum of $110,000.00, plus $7.00 for each parcel appraised in excess of 19,130; that $110,000.00 was paid to the plaintiff pursuant to the terms of the contract; that defendant has never paid the sum of $19,509.00 for the additional 2,787 parcels appraised by the plaintiff; that defendant had admitted that…