Legal Opinion
Postal Instant Press, Inc. v. Sealy
California Court of Appeal
Decided March 28, 1996No. B081122PublishedCited by 39 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
Defendants appeal from a judgment in favor of plaintiff for breach of a franchise agreement. In what apparently is a case of first impression not only in California but the entire nation we consider whether a franchisee’s failure to timely pay some past royalty fees entitles a franchisor to both terminate the franchise agreement and receive an award of over seven years in “future lost royalties.” We conclude the franchisee’s breach was not the “proximate” or “natural and direct” cause of the franchisor’s loss of future royalties in this case. Furthermore, in the…
2Cases cited23 opinions
- Parsons v. Bristol Development Co.California Supreme Court · 1965
- Applied Equipment Corp. v. Litton Saudi Arabia Ltd.California Supreme Court · 1994
- Semmes Motors, Inc., Suing on Behalf of Itself and Together With Ford Dealers Alliance, Inc., Etc. v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1970
- In Re Arthur Treacher's Franchisee Litigation. Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corporation v. Mrs. Paul's Kitchens, Inc. (Additional on the Counterclaims) Appeal of a & B Management Corporation. In Re Arthur Treacher's Franchisee Litigation. Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corporation v. Mrs. Paul's Kitchens, Inc. (Additional on the Counterclaims) Appeal of Arthur Treacher's Fish & Chips, Inc., and Mrs. Paul's Kitchens, Inc., Third PartyCourt of Appeals for the Third Circuit · 1982
- Ungar v. Dunkin' Donuts of America, Inc.Court of Appeals for the Third Circuit · 1976
18 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Connie A. Nagrampa v. Mailcoups, Inc. The American Arbitration AssociationCourt of Appeals for the Ninth Circuit · 2006
- Comedy Club, Inc. v. Improv West AssociatesCourt of Appeals for the Ninth Circuit · 2009
- St. Paul Fire & Marine Insurance v. American Dynasty Surplus Lines InsuranceCalifornia Court of Appeal · 2002
- Connie A. Nagrampa v. Mailcoups, Inc. The American Arbitration AssociationCourt of Appeals for the Ninth Circuit · 2006
- Biren v. Equality Emergency Medical Group, Inc.California Court of Appeal · 2002
34 more not listed; retrieve them via the Exa API.