Charles Spencer v. Audrey Royall Backus

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles SPENCER, Plaintiff-Appellee, v. Audrey Royall BACKUS, Et. Al., Defendant-Appellant. No. 91-55893. United States Court of Appeals, Ninth Circuit. Nov. 16, 1992. 1 Before O'SCANNLAIN and RYMER, Circuit Judges, and THOMAS S. ZILLY, District Judge. ** 2 MEMORANDUM *** 3 Charles Spencer, a real estate broker, brought an action against Audrey Backus ("Mrs. Backus") for breach of contract and fraud, and against her husband Clinton Backus ("Mr. Backus") for conspiracy to defraud. After a two day non-jury trial, the District court, Consuelo Marshall presiding, entered judgment in favor of Spencer against Mrs. Backus for $105,600 in actual damages and $10,000 in exemplary damages, plus interest and costs. ER 10-11. The claim against Mr. Backus was dismissed. 4 Mrs. Backus now appeals on grounds that the District Court's findings of fact that plaintiff met the conditions precedent in the contract, and Mrs. Backus…