California Eastern Airways, Inc. v. Alaska Airlines, Inc.

— On July 29, 1948, the plaintiff leased an airplane to the defendant for a term of two weeks, ending August 12, 1948. The section of the lease now in dispute reads as follows:

“3. The Lessee agrees to pay the rental rate of one dollar ($1.00) per air mile for a minimum of seven (7) hours flight time per day (midnight to midnight) during the term of this lease, and any extensions thereof, whether the said plane is operated or not; provided, however, that the Lessee shall not be obliged to make such payments for any day when the plane is unavailable for. more than twelve (12) hours because of…