H. K. H. CO. v. AMERICAN MORTG. INS. CO.

No. 80-4289.

685 F.2d 315 (1982)

H. K. H. CO., a partnership, consisting of Henry S. Hendler and J. M. Hendler, Plaintiff-Appellant, v. AMERICAN MORTGAGE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1982.

Rehearing Denied November 18, 1982.


Attorney(s) appearing for the Case

Jerome H. Sarrow, Kranitz, Comparet & Sarrow, Los Angeles, Cal., for plaintiff-appellant.

Arch T. Allen, III, Allen, Steed & Allen, Raleigh, N. C., M. Craig Haase, Reno, Nev., for defendant-appellee.

Before SCHROEDER and POOLE, Circuit Judges, and KELLEHER, District Judge.


KELLEHER, District Judge:

The appellant, H.K.H. Co., appeals from the district court's order, after trial without a jury, that judgment be entered in favor of the appellee, American Mortgage Insurance Company. The question presented to this court is whether the appellee breached its contract to provide lease guarantee insurance by refusing to fulfill the terms and conditions of the guaranteed lease after becoming the defaulting lessee's successor in possession.

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