E. W. Mullins, John K. Sloan and Richard L. Oliver, Etc., and v. Daniel D. Sullivan and Jo Ann Sullivan , 414 F.2d 786 ( 1969 )
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E. W. MULLINS, John K. Sloan and Richard L. Oliver, etc.,
Petitioners and Appellees,
v.
Daniel D. SULLIVAN and Jo Ann Sullivan, Appellants.No. 22348.
United States Court of Appeals Ninth Circuit.
July 7, 1969.
Norman P. Courtney (argued), of Courtney & Courtney, Corona, Cal., for appellants.
Bruce Bailey (argued), and George H. Ellis, of Forster, Gemmill & Farmer, Los Angeles, Cal., for appellees.
Before CHAMBERS, JERTBERG and DUNIWAY, Circuit Judges.
PER CURIAM:
1Appellants leased a laundromat from appellees and fell behind in the rent. They left the laundromat in unclear circumstances. Several months later, appellees filed a petition to have appellants declared bankrupt. The referee found that appellants had abandoned the premises. He applied the measure of damages provided by Cal.Civil Code 3308 and found an indebtedness to appellees of $7908.83 plus costs and attorney's fees of $1111.60.
2We are not in a position to overturn the finding of abandonment. This being so, most of the California cases cited by the parties on the California law of landlord and tenant are inapposite.
3It is clear that there was enough indebtedness to satisfy the requirement of 11 U.S.C. 95, which was all that was necessary as an amount to adjudicate involuntarily this business bankruptcy.
4Somebody may have wrongfully crippled appellants by changing the locks on the washing machines. But the referee found that the landlords didn't do it. So this issue is unimportant here.
5The adjudication of bankruptcy is affirmed.
Document Info
Docket Number: 22348_1
Citation Numbers: 414 F.2d 786
Judges: Chambers, Duniway, Jertberg, Per Curiam
Filed Date: 7/7/1969
Precedential Status: Precedential
Modified Date: 8/4/2023