Chandler-Simpson, Inc. v. Gorrell

In a suit on contract, the district court found for plaintiff, Floyd D. Gorrell, trustee in bankruptcy for Paul Eugene Gillett. Judgment was entered against defendant, Chandler-Simpson, Inc., in the amount of $10,812.37.

Chandler-Simpson appeals and claims the district court’s judgment should be reversed for these reasons:

1. According to the construction placed by the parties themselves on their written agreement, nothing was owing on the contract.

2. The evidence demonstrates that Gil-lett was on the verge of bankruptcy and for this reason was not in a position to perform his part of the…