Westwind Seafood International, Inc. v. Anchor Frozen Foods, and the Carlson Company

Good Law
972 F.2d 1348·1992 WL 175924·1992 U.S. App. LEXIS 28704
United States Court of Appeals for the Ninth CircuitJuly 24, 199290-56087California3,314 words

Opinion

Opinion

972 F.2d 1348 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. WESTWIND SEAFOOD INTERNATIONAL, INC., Plaintiff-Appellant, v. ANCHOR FROZEN FOODS, Defendant and The Carlson Company, Defendant-Appellee. No. 90-56087. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1991. Decided July 24, 1992. Before FLETCHER, D.W. NELSON and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 Westwind Seafood International (Westwind), a seafood sales company, brought an action against The Carlson Company (Carlson), an accounting agency, for fraudulent and negligent misrepresentation of the financial capacity of Anchor Frozen Foods, Inc. (Anchor), a mutual client. The district court granted summary judgment for Carlson based on the statute of frauds, rejecting Westwind's claim that the "main purpose rule" barred the application of the statute of frauds. We affirm. FACTS AND PROCEEDINGS BELOW: 3 Appellant Westwind had a two-year relationship of selling seafood products to…

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