Liberman

In this case in the Trial Court, the appellees (plaintiffs below) sued the appellants (defendants below) for breach of' an alleged oral option agreement made-September 20, 1958, and informally reduced to writing September 23, 1958, to-sell to appellees a one-half interest in a. Winslow, Arizona lumber milling busi *215 ness and related properties which were acquired November 6, 1958 by appellants from Arizona Timber Company, a competitor or associate of appellees and appellants, and which properties both appellees and appellants had separately prior to their making such option contract considered purchasing.

The trial was by the Court without a jury and resulted in the final judgment -of July 28, 1961 for appellees for the total sum of $429,883.40 with interest thereon at 6% per annum from date of entry of the initial judgment on June 20, 1961.

From that final judgment and from certain prior orders and the initial judgment, all inherent in the final judgment, appellants now appeal to this Court assigning as errors the following:

This action involves more than $10,000 exclusive of interest and costs, and is a diversity of citizenship case. The Trial Court had jurisdiction under…