Stanley W. Rosenfield and the First National Bank & Trust Company of Oklahoma City, Trustees v. Kay Jewelry Stores, Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
DAVID T. LEWIS, Circuit Judge.
This is a diversity case filed by the appellants-plaintiffs, as lessors, seeking damages from the appellee-defendant for an alleged anticipatory breach of a lease upon certain commercial property located in downtown Oklahoma City. The subject lease was for a fifteen-year period terminating December 31, 1977 and contained the following provision:
“V. It is agreed that in the event the improvements on said premises are totally destroyed by fire, or other casualty, rendering the same untenantable during the. term hereof then this lease shall cease and all liability…
2Cases cited3 opinions
- Washoma Petroleum Co. v. Eason Oil Co.Supreme Court of Oklahoma · 1935
- Covey Investment Company v. United StatesCourt of Appeals for the Tenth Circuit · 1967
- Woods v. DavisSupreme Court of Oklahoma · 1932
3Cited by7 opinions
- Melvin R. Hamilton v. Emery L. Miller and Mary Katherine MillerCourt of Appeals for the Tenth Circuit · 1973
- Stanley W. Rosenfield and the First National Bank and Trust Company of Oklahoma City, Oklahoma, Trustees v. Kay Jewelry Stores, Inc.Court of Appeals for the First Circuit · 1968
- First National Bank of Cushing v. Security Mutual Casualty Co.Court of Appeals for the Tenth Circuit · 1970
- United States v. 1,253.14 Acres of Land, in Jefferson & Douglas CountiesCourt of Appeals for the Tenth Circuit · 1972
- Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003Court of Appeals for the Tenth Circuit · 2017
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