In re Yamini Dry Goods Co.

ATWEDD, District Judge.

Jesse R. Smith contracted with the bankrupt to rent it a part of a certain store in Breckenridge for $175 per month, agreeing that on or about March 15, 1923, he would deliver the remainder of the store for a total rental of $300 per month. The bankrupt used the store for February, March, and April, at a total rental of $525. Smith failed and refused to deliver the entire building on March 15 as agreed. The bankrupt claims it was heavily damaged by such failure, and, since the institution of the bankruptcy proceedings, has filed a suit in the state court for $60,000.

Afte…