Spillinger v. C. O. Miller Co.

SWAN, Circuit Judge.

The appellant is the assignee of the landlord’s interest in a lease demising to the Miller Company premises in Stamford, Conn., for a term of fifteen years beginning February 22, 1930. On February 10, 1933, receivers in equity were appointed for the Miller Company on a bill filed in the court below and the defendant’s answer consenting thereto. Within the time fixed for presenting claims, the appellant filed a claim for damages for anticipatory breach of the lessee’s obligations under the lease by reason of the appointment of receivers. It claims the difference between the…