Allen & Co. v. Occidental Petroleum Corp.
| Citation | 519 F.2d 788 |
| Decision Date | 23 June 1975 |
| Docket Number | No. 824,D,824 |
| Parties | ALLEN & COMPANY, Plaintiff-Appellant, v. OCCIDENTAL PETROLEUM CORPORATION, Defendant-Appellee. ocket 74-2340. |
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
John Van Voorhis, New York City (Pollack & Singer, New York City), Samuel N. Greenspoon, New York City (Eaton, Van Winkle & Greenspoon, New York City), of counsel, for appellant.
Louis Nizer, New York City (Phillips, Nizer, Benjamin, Krim & Ballon, New York City, Neil A. Pollio and George Berger, New York City), of counsel, Arthur Groman, Los Angeles, Cal. (Mitchell, Silberberg & Knupp, Los Angeles, Cal.), of counsel, for appellee.
Before SMITH and OAKES, Circuit Judges, and JAMESON, Senior District Judge. *
Plaintiff Allen & Company, an investment banking concern, appeals from the judgment after trial to the court in the United States District Court for the Southern District of New York, Edward Weinfeld, Judge, finding defendant Occidental Petroleum Corporation not liable to plaintiff for alleged breach of contract. The court, which had jurisdiction over the complaint by virtue of the parties' diversity of citizenship, 28 U.S.C. § 1332, premised its judgment for defendant on four alternative grounds: the contract did not come into being for lack of contractual intent; the contract, even assuming contractual intent obtained, was too indefinite to be enforced; the breach of whatever contract may have existed could have caused no loss; and the plaintiff consented or acquiesced in the termination of any contract which may have been formed. 382 F.Supp. 1052 (1974). Judge Weinfeld reached these conclusions based upon his opportunity to listen to and observe witnesses for both sides for 21 trial days in this trial to the court alone. In this tale of attempted purchase of influence in international oil development, the witnesses on both sides were shown to be something less than paragons of virtue, a fact which underscores the importance of the trier's opportunity to assess the credibility of witnesses. According appropriate deference to the findings of fact underlying this experienced trial judge's conclusions of law, see Fed.R.Civ.P. 52(a); Lassiter v. Fleming, 473 F.2d 1374 (2d Cir. 1973) (per curiam ), we determine that only one of the four independent bases for decision is at all questionable. 1 Accordingly, with that single caveat, we affirm on the basis of the excellent opinion below.
Affirmed.
* Of the District of Montana, sitting by designation.
1 Judge Weinfeld found that the...
To continue reading
Request your trial
-
Dynamics Corp. of America v. Intern. Harvester Co., 74 Civ. 4501.
...Beame, 425 F.Supp. 194 (S.D.N.Y.1977); Allen & Co. v. Occidental Petroleum Corp., 382 F.Supp. 1052, 1054-55 (S.D.N.Y.1974), aff'd, 519 F.2d 788 (2d Cir. 1975). 3 At the commencement of trial, Dynamics was allowed to amend its complaint by adding a claim that International, in violation of t......
-
Hunt v. Mobil Oil Corp.
...80 S.Ct. 60, 4 L.Ed.2d 64 (1959); Allen & Co. v. Occidental Petroleum Corp., 382 F.Supp. 1052, 1054-55 (S.D.N.Y. 1974), aff'd, 519 F.2d 788 (2d Cir. 1975); Commonwealth Edison Co. v. Allis-Chalmers Mfg. Co., 40 F.R.D. 96, 101 (N.D. Ill. 1966); 9 C. Wright & A. Miller, Federal Practice and P......
-
Fleming Steel Co. v. Jacobs Eng'g Grp., Inc.
...objective criteria to enforce. See, e.g., Allen & Co. v. Occidental Petroleum Corp. , 382 F.Supp. 1052, 1057 (S.D.N.Y. 1974), aff'd , 519 F.2d 788 (2d Cir. 1975).These two factors for consideration closely track the general elements of contract formation. For instance, it is well establishe......
-
Candid Productions v. International Skating Union
...89 S.Ct. 1197, 22 L.Ed.2d 454 (1969); Allen & Co. v. Occidental Petroleum Corp., 382 F.Supp. 1052, 1057-58 (S.D.N.Y. 1975), aff'd, 519 F.2d 788 (1975). 12 Joseph Martin, Jr. Delicatessen, Inc. v. Schumacher, 52 N.Y.2d 105, 110, 417 N.E.2d 541, 543, 436 N.Y.S.2d 247, 249 (1981). 13 52 N.Y.2d......