Starns

Starns v. Humphries

Good Law
13 Alaska 258·189 F.2d 357·1951 U.S. App. LEXIS 3177
United States Court of Appeals for the Ninth CircuitMay 1, 195112503California1,367 words

Opinion

Opinion

Fee, J.

Appellees Humphries and Marvin Camp-, bell filed a complaint wherein there was a prayer for an injunction against interference with plaintiffs’ possession by defendants Blackard, Phillips and by defendant Starns, who is appellant here, together with damages and “such other and further relief as the Court may deem equitable in the premises.” The complaint alleges that plaintiffs are co-partners, “that * * * defendants purportedly hold- a leasehold right in * * * [certain] premises by virtue of a lease from Anna K. Campbell, owner, to defendants,” that Blackard agreed to lease to plaintiff Humphries “for the period of one year space in said premises adequate for the operation of a restaurant business,” and that certain sums were to be paid therefor as rental, that the lease was entered into in accordance with this agreement, that plaintiffs spent large sums of money in buying equipment, and that the equipment was located in a portion of the described premises “at the direction of defendants herein,” that plaintiff has performed his part of the agreement and commenced operation March 6, 1948, that “defendants have maliciously, wilfully and wantonly interfered with plaintiff’s…

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