Chesapeake Industries, Inc. v. Togova Entreprises, Inc.

Opinion

JOHNSON, J.

Introduction

This appeal arises from an action for an accounting under a lease agreement in which the lessor was awarded prejudgment interest under Civil Code section 3287. We conclude the amount of damages owed was not sufficiently certain or calculable and thus prejudgment interest was not appropriate.

I. Statement of Fact and Proceedings Below

Appellant Chesapeake Industries, Inc. (Chesapeake) leased real property from respondent Togova Enterprises, Inc. (Togova) by written lease agreement dated September 28, 1967. The term of the lease was ten years beginning November 1,…