National Computer Rental, Ltd. v. Bergen Brunswig Corp.

JEFFERSON (Bernard), J.

I both concur and dissent.

I concur with the majority’s holding that the judgment should be affirmed insofar as it denies to plaintiff any recovery on plaintiff’s claim for a termination fee. I dissent, however, from the majority’s holding that defendant was the “prevailing party” and, hence, was entitled to its attorney’s fees and costs.

*64The Parol Evidence Rule Question

The question at issue with respect to plaintiff’s right to a termination fee under the original lease and the written amendment to the lease is dependent upon whether the parties had entered into an oral…