Sam Bialac, and v. Harsh Building Co., Etc.

436 F.2d 1381

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 11, 1971
• Docket: 26133_1
• Status: Published

Opinion

PER CURIAM:

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.