Rose v. United States

Ninth Circuit

Rose v. United States

188 F.2d 474, 1951 U.S. App. LEXIS 3062

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 3, 1951

Docket12654

StatusPublished

This text of 188 F.2d 474 (Rose v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rose v. United States, 188 F.2d 474, 1951 U.S. App. LEXIS 3062 (9th Cir. 1951).

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Opinion

PER CURIAM.

As we view the record in this matter, the outcome was dependent solely upon the determination of questions of fact. Among these questions were whether appellant and the United States had concluded a binding contract of purchase and sale; whether, assuming such contract, appellant had complied with its conditions; and, whether when United States undertook to terminate the pending arrangements, appellant accepted a return of his check and acquiesced in a termination.

In our opinion there was sufficient evidence to sustain the findings which the court made adverse to the position of the appellant upon these various questions of fact. Therefore, as we are obliged to do under Rule 52(a) Fed.Rules Civ.Proc. 28 U.S.C.A., we must affirm the judgment of the District Court.

It is so ordered.

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PER CURIAM.

As we view the record in this matter, the outcome was dependent solely upon the determination of questions of fact. Among these questions were whether appellant and the United States had concluded a binding contract of purchase and sale; whether, assuming such contract, appellant had complied with its conditions; and, whether when United States undertook to terminate the pending arrangements, appellant accepted a return of his check and acquiesced in a termination.

In our opinion there was sufficient evidence to sustain the findings which the court made adverse to the position of the appellant upon these various questions of fact. Therefore, as we are obliged to do under Rule 52(a) Fed.Rules Civ.Proc. 28 U.S.C.A., we must affirm the judgment of the District Court.

It is so ordered.

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Bluebook (online)

188 F.2d 474, 1951 U.S. App. LEXIS 3062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-v-united-states-ca9-1951.