Gross

Appellant sued to recover possession of motion picture sound equipment, which it had licensed to appellee, and to obtain damages for its detention. Appellee denied the' *99 asserted claim, set up various affirmative defenses, and counterclaimed for damages caused by appellant’s removal of the property. 1 The jury returned a verdict in favor of appellee for $55,194.05, and from a judgment thereon this appeal was taken. On a former appeal a similar judgment was reversed. 9 Cir., 86 F.2d 925 , 5 Alaska Fed. 854 .

By two contracts dated March 28, 1929, appellant licensed appellee to use certain of its equipment in two of his theaters located in Juneau and Ketchikan, Alaska. The term of each license was ten years, and the aggregate rental was $21,000. The contracts contained the following important- provisions:

4. * * * Products [appellant] also agrees to make periodical inspection and minor adjustments in the Equipment after it shall have been installed. Products may from time to time install such spare and renewal parts as may, in its opinion, be necessary to the satisfactory operation and maintenance of the Equipment.

(Emphasis supplied).

The contract further provided that upon…

(dissenting).

The major issue in dispute here is to determine what service appellant agreed to furnish as included in the word “periodical” as used in the paragraph of the contracts, reading as follows: “4. * * * Products [appellant] also agrees to make periodical inspection and minor adjustments in the Equipment after it shall have been installed.

Appellant’s General Service Manager testified that at the time the contract was entered into appellant had a standard form of contract and that the one here in suit was one of those standard contracts; that the provision relating to service was identical in all the contracts; also, that in 1929 and 1930 the appellant furnished a regular system of service in the States, for which it charged $29.75 per week. On cross-examination appellant’s Vice-President gave the details of this system. He testified:. “* * * In the beginning for the first six months of operation in 1929 and 1930 we serviced once a week for the first six months; when I say a week it might have been eight days one time and six another, but approximately every ten days; the second six months and thereafter, approximately every two weeks with the exception of very large de…