Los Angeles Nut House v. Holiday Hardware Corp.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
This is a diversity action for breach of contract and warranty in the sale of goods. In a jury trial, Holiday Hardware Corporation (“Holiday Hardware”) was awarded a $37,500.00 judgment for indemnity against Theo H. Davies & Company, Ltd. (“Davies”). Davies appeals that judgment on the ground that the general verdict was inconsistent with the jury's answer to a written interrogatory. Holiday Hardware appeals the denial of attorney’s fees against Davies. Notices of appeal were timely even though the parties’ first appeals were dismissed by stipulation. We have…
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