COLES TRADING CO. v. SPIEGEL, INC.

No. 12673.

187 F.2d 984 (1951)

COLES TRADING CO. v. SPIEGEL, Inc.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 7, 1951.


Attorney(s) appearing for the Case

Evans, Hull, Kitchel & Jenckes and Norman S. Hull, all of Phoenix, Ariz., for appellant.

Jennings, Strouss, Salmon & Trask and Ozell M. Trask, all of Phoenix, Ariz., for appellee.

Before POPE, McALLISTER and HASTIE, Circuit Judges.


PER CURIAM.

In a suit by a sublessor against a sublessee the district court held that the sublessee was not obligated to perform certain of the sublessor's covenants in the overlying lease, where the sublessee had taken "subject to the terms of" such lease, but did not assume the performance of the particular sublessor's covenants in question; and from such determination, the sublessor appeals.

The original or overlying...

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