Flunch, S.A. v. Palo Alto Food Company, Inc. Louis Cherry S.A.F. (California), Inc.

980 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FLUNCH, S.A., Plaintiff-Appellant, v. PALO ALTO FOOD COMPANY, INC.; Louis Cherry; S.A.F. (California), Inc., Defendants-Appellees. No. 90-56292. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1992. * Decided Dec. 4, 1992. Before POOLE, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Flunch, S.A. (Flunch) appeals the district court's judgment in favor of Palo Alto Food Company, Inc. (Palo Alto) and Louis Cherry. The court held that Flunch breached a Stock Purchase Agreement with Palo Alto for the sale of shares of S.A.F. corporation and thus is not entitled to the remaining $187,000 due under the Agreement. We affirm. STATEMENT OF CASE 3 Flunch, a French corporation, owned S.A.F., a Delaware corporation doing business in California. On June 1, 1985, S.A.F. entered into a lease agreement as the lessee for unimproved property in San Diego. When construction on the unimproved lot did…