TAKAO v. REIMERS

No. 22955.

427 F.2d 158 (1970)

George TAKAO, Appellant, v. Lillian REIMERS, Anna (Mink) Schwartz, Weibke Ryan and Ella James, Appellees.

United States Court of Appeals, Ninth Circuit.

May 20, 1970.


Attorney(s) appearing for the Case

Donald E. Downen (argued), of Gigray, Boyd & Downen, Caldwell, Idaho, Frank H. Joseph, Weiser, Idaho, Robert D. Lytle, Vale, Or., for appellant.

John S. Simco (argued), of Elam, Burke, Jeppesen, Evans & Boyd, Boise, Idaho, Gatchel & Batt, Payette, Idaho, for appellees.

Before MERRILL and DUNIWAY, Circuit Judges, and BYRNE, District Judge.


PER CURIAM:

In this diversity action for breach of a lease of Idaho farmland the sole question is whether the District Court, having found a breach, erred in its findings respecting the extent of damages suffered as a consequence.

The lease was subject to a right of sale by the lessor and the property had been sold. Given this right of sale, the court found that the leasehold in itself had no value on the open market.

The District Court also found...

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