Chandler Supply Company v. Gaf Corporation

Plaintiff-appellant Chandler Supply Company (Chandler) challenges a judgment for defendant-appellee GAF corporation (GAF) in an action for (T) alleged breach of a distributorship contract under which Chandler was sole distributor in southern Idaho of resilient floor covering manufactured by GAF; (2) liquidated damages under an alleged agreement concerning repurchase of inventory; and (3) violation of section 1 of the Sherman Act, 15 U.S.C. § 1 (1976). Chandler complains that the district court abused its discretion in denying Chandler’s untimely motion for jury trial; that the court erred in several findings of fact; and that the court prejudiced Chandler’s case by erroneous evidentiary rulings. For the reasons given below, we affirm the district court’s judgment.

FACTUAL BACKGROUND

Sometime in the autumn of 1972, GAF’s regional sales manager, John Burger, informed E.H. Hunter of Chandler that GAF was interested in enlisting Chandler as sole distributor in southern Idaho for GAF’s floor covering products. An informal dinner sales meeting of several GAF employees and Chandler officers and employees took place in Boise on January 4, 1973. While some discussion was had of the…