United States Ninth Circuit

Evidence that installment contract, which capped annual payments to payee, was written to minimize payee's tax liability is sufficient to raise triable fact that the provision was for the sole benefit of payee and thus waivable by the payee without payor's consent.

Appellate Information

• Argued 10/03/2000
• Decided 10/26/2000
• Published 10/26/2000

Judges

• Before:  D. W. NELSON, THOMPSON, and TROTT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jonathan R. Bass, and Keith Evans-Orville, Coblentz, Patch, Duffy & Bass, LLP, San Francisco, California, for the plaintiff-appellant.


• For Appellees:
  
• M. Laurence Popofsky, and Christian E. Mammen, Heller Ehrman White & McAuliffe, San Francisco, California, for the defendants-appellees.