Rental Development Corporation Of America v. R. K. Lavery

304 F.2d 839 RENTAL DEVELOPMENT CORPORATION OF AMERICA, an Arizona Corporation, Appellant, v. R. K. LAVERY, Donna J. Lavery, his Wife; J. E. Mainella and Lucille Mainella, his Wife, a Partnership, Doing Business as Big Camel Drug & Variety, Appellees. No. 17401. United States Court of Appeals Ninth Circuit. June 26, 1962. Elsing & Crable, William T. Elsing, and F. R. Crable, Phoenix, Ariz., for appellant. Powers & Rehnquist, and William H. Rehnquist, Phoenix, Ariz., for appellees. Before HAMLEY and DUNIWAY, Circuit Judges, and SOLOMON, District Judge. HAMLEY, Circuit Judge. 1 In this action for breach of lease defendant lessor, Rental Development Corporation of America, appeals from a judgment for plaintiff lessees. The lessees are two married couples doing business as Big Camel Drug & Variety, a partnership. Jurisdiction in the district court rested on diversity of citizenship. On the appeal we have jurisdiction under 28 U.S.C. § 1291 . 2 Appellant is the owner of a shopping center in Phoenix, Arizona. On January 22, 1958, appellees leased one of the stores in this shopping center for use as a retail drug and variety store. Article V of the lease provided: 3…