KUPOFF v. STEPOVICH

No. 12367.

184 F.2d 705 (1950)

KUPOFF et al. v. STEPOVICH.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 12, 1950.


Attorney(s) appearing for the Case

Warren A. Taylor, Fairbanks, Alaska, for appellant.

Julien A. Hurley, Mike Stepovich, Jr., Fairbanks, Alaska, for appellee.

Before HEALY, BONE, and POPE, Circuit Judges.


HEALY, Circuit Judge.

This is an appeal from a judgment in favor of appellee, defendant below, entered pursuant to a directed verdict. The suit is grounded on a lease and is essentially one in damages for breach by the lessor of the implied covenant of quiet enjoyment.

The lease was of the Eastern Star placer mining claim owned by appellee's intestate, Mike Stepovich. It was executed by the latter in February of 1942 for a term ending November 1st, 1943. Appellants...

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