C. D. Stimson Co. v. Porter. In Re Save-Rite Drug Stores

MURRAH, Circuit Judge.

This is an appeal by C. D. Stimson Company from a final order of the District Court of Utah, entered in the matter of Save-Rite Drug Stores, an involuntary bankrupt, affirming an order of the Referee denying the claim of the appellant based on the breach of a lease of real property.

The following facts are not in dispute: On March 30, 1946, appellant entered into-a lease with one Max Ingalls covering an L-shaped building to be constructed by appellant on designated premises fronting on Main and Second South Streets in the City of Salt Lake City, Utah. The lease was to run…