Legal Opinion
Herbert P. Caplan v. John H. Roberts
Court of Appeals for the Ninth Circuit
Decided November 6, 1974No. 73-2040PublishedCited by 49 opinions
1Opinion of the Court
OPINION
2Per curiam
This appeal is from an order granting to appellee summary judgment in a diversity case. The central issue is whether the appellee is estopped from raising the defense of the statute of frauds in an action for damages based on his alleged breach of an oral contract.
In granting appellee’s motion for summary judgment, the District Court, applying California law, ruled that no estoppel applied. We affirm.
The uncontroverted facts established that an oral agreement was entered into in May of 1970 for the purchase by appellant from appellee of heavy construction equipment at a price of…
3Cases cited7 opinions
- Monarco v. Lo GrecoCalifornia Supreme Court · 1950
- George L. Stansifer, Dba Lakewood Sports Cars v. Chrysler Motors Corporation, and J. O. Fisher Corporation (Jim Fisher Motors)Court of Appeals for the Ninth Circuit · 1973
- Little v. Union Oil Co.California Court of Appeal · 1925
- Kroger v. BaurCalifornia Court of Appeal · 1941
- Carlson v. RichardsonCalifornia Court of Appeal · 1968
2 more not listed; retrieve them via the Exa API.
4Cited by49 opinions
- Fed. Sec. L. Rep. P 97,588 Securities and Exchange Commission v. Stephen MurphyCourt of Appeals for the Ninth Circuit · 1980
- William Radobenko and Mary G. Radobenko, His Wife, Individually and as Husband and Wife v. Automated Equipment Corporation, a California CorporationCourt of Appeals for the Ninth Circuit · 1975
- Johnson v. Phoenix Mutual Life InsuranceSupreme Court of North Carolina · 1980
- Fed. Sec. L. Rep. P 95,494 Great Western Bank & Trust v. Sol KotzCourt of Appeals for the Ninth Circuit · 1976
- Billie J. Preaseau v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1979
44 more not listed; retrieve them via the Exa API.