Kiddie Rides, Inc., a Colorado Corporation v. Southland Engineering, Inc., a California Corporation

ELY, Circuit Judge:

This is an appeal from a judgment in a case involving the interpretation of a contract. The jurisdiction of the District Court rested upon the provisions of 28 U.S.C. § 1332 (1964), and that of our court derives from 28 U.S.C. § 1291 (1964).

Appellee, Southland Engineering, Inc. is a California corporation engaged in the manufacture of children’s mechanical rides. One of its products is an elaborate coin-in-the-slot horse ride called a Western Trails Traveling Pony. It is designed so that a youngster, after depositing a coin, may mount a saddled model of a pony and ride…