Interform Company v. Leslie L. Mitchell, D/B/A Mitchell Construction Company, and St. Paul Fire& Marine Insurance Company, Interform Company v. Leslie L. Mitchell, D/B/A Mitchell Construction Company, and St. Paul Fire& Marine Insurance Company

575 F.2d 1270 INTERFORM COMPANY, Plaintiff-Appellee, v. Leslie L. MITCHELL, d/b/a Mitchell Construction Company, and St. Paul Fire& Marine Insurance Company, Defendants-Appellants. INTERFORM COMPANY, Plaintiff-Appellant, v. Leslie L. MITCHELL, d/b/a Mitchell Construction Company, and St. Paul Fire& Marine Insurance Company, Defendants-Appellees. Nos. 75-3075 and 75-3217. United States Court of Appeals, Ninth Circuit. May 3, 1978. As Amended on Denial of Rehearing June 2, 1978. Phillip M. Barber, Donald E. Knickrehm, Boise, Idaho, for defendants-appellants. Allan J. Joseph, of Pettit, Evers & Martin, San Francisco, Cal., for plaintiff-appellee. Appeal and Cross-Appeal From the United States District Court for the District of Idaho. Before BARNES and SNEED, Circuit Judges, and JAMESON, * District Judge. SNEED, Circuit Judge: I. 1 Introduction. 2 The appellant Mitchell Construction Company used certain forms which belonged to Interform Company for molding concrete on two construction jobs it performed as prime contractor for the State of Idaho. Interform received $32,000 from Mitchell which Mitchell contended was the purchase price of the forms. Interform contended the…