Moore

Moore v. McDuffie

Good Law
71 F.2d 729·1934 U.S. App. LEXIS 3194
United States Court of Appeals for the Ninth CircuitJune 12, 1934No. 7363California2,018 words

Opinion

Lead Opinion

Cht, J.

This is an appeal by two lessors from an order made by the United States District Court for the Southern District of California, Central Division, affirming findings of a special master appointed by the court to pass upon claims filed by creditors of Richfield Oil Company of California, of which William C. McDuffie had been appointed receiver, to which findings the appellants had filed exceptions.

The claim in each ease was for damages for the cancellation of a lease entered into battle respective lessors with Richfield Oil Company of California for rental of a service station.

There is no dispute between the parties as to the facts in the case. On January 15, 1931, William C. McDuffie was appointed receiver of the Richfield Oil Company of California by order of said District Court of the. United States. Thereafter an order was entered by the court directing creditors to file-claims.

Appellants Owen Moore and Kathryn Moore filed their claim based upon that certain lease, dated July 19, 1939', for a term of ninety-nine years, at rentals graduated from $309 to $500' a month. In addition to the rental provided, it was agreed that the lessee should pay a bonus of $12,500' on August…

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