Merrion v. Scorup-Somerville Cattle Co.

HUXMAN, Circuit Judge.

This is an appeal from a summary judgment entered in favor of the defendant, the Scorup-Somerville Cattle Company, a corporation, in an action in the District Court of the United States for the District of Utah, in which the plaintiffs sought to recover damages for alleged breach of contract. The parties will be referred to as they appeared in the court below.

The complaint, in substance, alleged that the defendant corporation entered into an option contract with plaintiffs August 2, 1941, in which, for a consideration of $1,000, it gave plaintiffs an option to purchase…