Hans J. Sorenson v. United States

Sorenson appeals from a decision of the District Court holding him and his former partner, Theo. 0. Lydecker, liable to the United States Government for rentals on a lease with the Department of Agriculture of certain property owned by the Government and a contract with the Commodity Credit Corporation for the delivery of certain dehydrated potatoes. It is not questioned that the United States may sue on these contracts.

A. The Lease Agreement. The partners leased certain lands from the United States at an agreed rental, which lease was amended changing the date for the rental payments. Thereafter the partnership was dissolved, Lydecker assuming all Sorenson’s liabilities under the lease. Thereafter the lease was again amended changing the amounts of the rentals and the dates of the payment. It is not questioned that the alterations after the dissolution of the partnership are material.

Sorenson contends that the district court erred in not holding him free of liability on the lease under the provisions ©f California Corporations Code, § 15036(3) which reads:

We agree with the district court that Sorenson has not maintained his burden of proof, that the United States had…