Agroindustrias Vezel, S.A. De C v. V. H.P. Schmid, Inc.

15 F.3d 1082 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AGROINDUSTRIAS VEZEL, S.A. DE C.V., Plaintiff-Appellee, v. H.P. SCHMID, INC., Defendant-Appellant. No. 92-15078. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1993. Decided Jan. 18, 1994. Before: GOODWIN, HUG, and FLETCHER, Circuit Judges. 1 MEMORANDUM * 2 In this contract dispute, appellant, H.P. Schmid, Inc. ("Schmid"), challenges the district court's initial grant of partial summary judgment for appellee, Agroindustrias Vezel ("Vezel"), and the later summary judgment for Vezel entered by the magistrate judge to whom the case was transferred by stipulation. This is a diversity action in which California law applies. I. FACTS 3 Vezel is a sesame seed supplier in El Salvador, which obtains the seeds from the growers. Schmid is a sesame seed trader, which purchases the seeds and resells them to its customers. On October 28, 1988, Vezel and Schmid entered into a contract for the…