SOUTH FALLS CORPORATION v. KALKSTEIN

No. 21080.

349 F.2d 378 (1965)

SOUTH FALLS CORPORATION et al., Appellants, v. Manuel KALKSTEIN et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 24, 1965.


Attorney(s) appearing for the Case

Charles Marcus, Robert Hyer Thomas, William M. Taylor, Jr., Marvin Lewis, Dallas, Tex., for appellants.

John L. Hauer, Irving L. Goldberg, Carl E. Oates, Dallas, Tex., for appellees.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.


GEWIN, Circuit Judge.

The primary controversy in this case centers around the validity and enforceability of a rent bond purportedly issued by the appellant United Benefit Fire Insurance Company (hereinafter United Benefit) to guarantee the rent payable under a sublease of commercial property in Wichita Falls, Texas. Also at issue is the question whether the activities of the lessor under the main lease of this property effected a surrender of the leased property...

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