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HERTZ DRIV-UR-SELF v. SCHENLEY DISTIL.

Docket No. 15505.

119 Cal.App.2d 754 (1953)

260 P.2d 93

HERTZ DRIV-UR-SELF STATIONS, INC. (a Corporation), Respondent, v. SCHENLEY DISTILLERIES CORPORATION (a Corporation), Appellant.

Court of Appeals of California, First District, Division One.

August 18, 1953.

Attorney(s) appearing for the Case

Bronson, Bronson & McKinnon for Appellant.

J. Joseph Sullivan for Respondent.

BRAY, J.

From a judgment in favor of plaintiff in the sum of $11,379.80, defendant appeals.

QUESTIONS PRESENTED

1. By the 1945 and subsequent schedules, was the requirement of purchase by defendant abrogated?

2. Was there an anticipatory breach of the contract by plaintiff?

FACTS

In 1941 the parties entered into a written agreement by which plaintiff leased to defendant over a period of years, trucks, tractors and trailers...

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