South Falls Corporation v. Manuel Kalkstein

GEWIN, Circuit Judge.

The primary controversy in this case centers around the validity and enforceability of a rent bond purportedly issued by the appellant United Benefit Fire Insurance Company (hereinafter United Benefit) to guarantee the rent payable under a sublease of commercial property in Wichita Falls, Texas. Also at issue is the question whether the activities of the lessor under the main lease of this property effected a surrender of the leased property by operation of law which would relieve the main lessee of further liability for rent. A rather detailed statement of facts is…