Sam Bialac, and v. Harsh Building Co., Etc.
Sam Bialac, and v. Harsh Building Co., Etc.
436 F.2d 1381
(Federal Reporter, Second Series)
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.