Ten-Six Olive, Inc. v. Curby
Court of Appeals for the Eighth Circuit
1Opinion of the Court
WOODROUGH, Circuit Judge.
This appeal is taken from an order of the bankruptcy court confirming and approving an order of the referee in bankruptcy which disallowed a claim for damages for anticipatory breach of a lease filed by the landlord of the bankrupt under Sec. 63, sub. a (9) of the Bankruptcy Act, 11 U.S.C.A. § 103, sub. a(9).
Count I of the amended proof of unsecured claim prayed for damages in an amount equal to one year’s rental of the demised premises as specified in Sec. 63, sub. a(9). Count II asked for damages in the sum of $1,547 as expenses necessary in the removal of certain…
2Cases cited13 opinions
- City Bank Farmers Trust Co. v. Irving Trust Co.Supreme Court of the United States · 1937
- Cawley v. JeanMassachusetts Supreme Judicial Court · 1914
- Floro Realty & Inv. Co. v. Steem Electric CorporationCourt of Appeals for the Eighth Circuit · 1942
- Von Schleinitz v. North Hotel Co.Supreme Court of Missouri · 1929
- Wiemeyer v. KochCourt of Appeals for the Eighth Circuit · 1945
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3Cited by33 opinions
- In Re By-Rite Distributing, Inc.United States Bankruptcy Court, D. Utah · 1985
- Coleman v. Regions BankSupreme Court of Arkansas · 2005
- In Re Re-Trac Corp.United States Bankruptcy Court, D. Minnesota · 1986
- In Re T.F.P. Resources, Inc.United States Bankruptcy Court, S.D. New York · 1985
- In Re Bon Ton Restaurant and Pastry Shop, Inc.United States Bankruptcy Court, N.D. Illinois · 1985
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