Urban Properties Corporation v. Benson

DENMAN, Circuit Judge.

This is an appeal from an order of the district court denying the corporate appellant’s (hereinafter called lessor) petition to have declared cancelled a lease between it and appellee (hereinafter called lessee, now a corporate debtor unable to pay its maturing debts and seeking relief under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. § 701 et seq.), and for restoration of possession to lessor.

The lease- in question, dated April 9, 1936, was of certain premises at the corner of 8th and K Streets, Sacramento, California. The rental under the lease was set at 7 per cent…