Legal Opinion
August E. Waegemann, Barbara A. Waegemann, and Earl Tom Pyle v. Montgomery Ward & Company, Inc.
Court of Appeals for the Ninth Circuit
Decided August 10, 1983No. 82-4260PublishedCited by 11 opinions
1Opinion of the Court
SNEED, Circuit Judge:
This is an appeal from a judgment of the district court, the jurisdiction of which was based on diversity, 28 U.S.C. § 1332, and which judgment denied a claim by lessors for rescission of a lease based on the doctrine of frustration. We affirm.
I
The appellants, August and Barbara Waegemann and Earl Tom Pyle, are owners of a shopping center in Watsonville, California. Montgomery Ward is their lessee. The lease, signed in 1969, provides for a ten-year term followed by two five-year options to renew. The base rent during the initial term was $16,703.00 per year. Clause 17 of…
2Cases cited10 opinions
- Lloyd v. MurphyCalifornia Supreme Court · 1944
- State v. MooreIdaho Supreme Court · 1969
- S. A. Empresa De Viacao Aerea Rio Grandense (Varig Airlines), Plaintiff v. The Boeing CompanyCourt of Appeals for the Ninth Circuit · 1981
- Mineral Park Land Co. v. HowardCalifornia Supreme Court · 1916
- McKesson Drug Co. v. MarcusCourt of Appeals for the Ninth Circuit · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Northern Indiana Public Service Company, an Indiana Corporation v. Carbon County Coal Company, a PartnershipCourt of Appeals for the Seventh Circuit · 1986
- The Opera Company of Boston, Inc. v. The Wolf Trap Foundation for the Performing ArtsCourt of Appeals for the Fourth Circuit · 1987
- Dr. Charles Milo Connick v. Teachers Insurance and Annuity Association of America & College Retirement Equities FundCourt of Appeals for the Ninth Circuit · 1986
- Peoplesoft U.S.A., Inc. v. Softeck, Inc.District Court, N.D. California · 2002
- Roseana E.D. Palmer v. Mariana Stones Corporation, and Does 1 through 10Supreme Court of Guam · 2021
6 more not listed; retrieve them via the Exa API.