Wake Development Co. v. Auburn-Fuller Co.

m. , . appellant filed a claim m the above®tltled «fma-ship matter for $637,200, phis interest, costs, and attorneys’ fees, based upon a ten-year lease between the defendant in the receivership proceeding, Auburn-Fuller Company, the tenant, and the appellant, E. L. Cord, the landlord, for certain real estate in the city of Los Angeles, Cal. The total rental reserved under Gie lease was $648,000 payable in monthly installments of $5,400 each. The claim filed for $648,000 loss two months’ rent is rather indefinite as to tJf ^ upon ?hi(t th® amount is <*«“- ed' ^ ls a^e8'e(i 111 the claim, as follows:

Tlle elaim was apparentiy treated in tho ccmrt beW as a suffieie]at claim for whatever rig.Ms t]le appellailt had undcr tbe lease or fol, damages by reason of its breaeh. Tbe claim was disallowed by the special master, who was appointed for the purpose of considering claims. The findings . and eonelusi0ns of the master were excepted to by the claimant. The court sustained the eonclusions of the special master upon the ground .that the amount of damages for the breaeh of the lease was uncertain and the elaim was premature. The court in that regard stated as follows:

From this order the…