Checkers, Simon & Rosner, a Partnership, and H.M. Walken Company, Inc. v. The Lurie Corporation, a California Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the court must apply the substantive law of the forum state unless the parties to a diversity case argue that the forum state’s conflict-of-law rules require the application of another state’s laws
• stating that surrender requires “an agreement ... whereby the lessee surrendered the premises and the lessor accepted the premises back, both intending thereby to terminate the lease and cancel all the covenants and obligations thereunder.”
• “The real party in interest is the one who ‘by the substantive law, possesses the right sought to be enforced, and not necessarily the person who will ultimately benefit from the recovery.’”

Source: CourtListener parenthetical corpus (CC0).