Sam Bialac, and v. Harsh Building Co., Etc.
U.S. Court of Appeals for the Ninth Circuit
Sam Bialac, and v. Harsh Building Co., Etc., 436 F.2d 1381 (9th Cir. 1971)
Sam Bialac, and v. Harsh Building Co., Etc.
Opinion
The partial summary judgment is reversed. California law seems applicable. We believe that we have a situation where extrinsic evidence was admissible to determine what the intention of the parties was . in their written papers. (Pacific Gas & Elec. Co. v. G. W. Thomas Drayage and Rigging Co. (1968) 69 Cal. 2d 33, 69 Cal.Rptr. 561, 442 P.2d 641; Masterson v. Sine (1968) 68 Cal.2d 222, 65 Cal.Rptr. 545, 436 P.2d. 561; Royal Industries v. St. Regis Paper Co. (9th Cir. 1969), 420 F.2d 449.) As of now, we do not see a jury question on the remand on the points before us.
Reversed and remanded.
Reference
- Full Case Name
- Sam BIALAC Et Al., Plaintiffs and Appellants, v. HARSH BUILDING CO., Etc. Et Al., Appellees
- Status
- Published