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FED. LEASING CONSULTANTS v. MITCHELL LIPSETT

Docket No. 14052.

85 Cal.App.3d Supp. 44 (1978)

150 Cal. Rptr. 82

FEDERAL LEASING CONSULTANTS, INC., Plaintiff and Appellant, v. MITCHELL LIPSETT COMPANY, INC., Defendant and Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

September 5, 1978.

Attorney(s) appearing for the Case

COUNSEL

Richard P. Hemar, Gordon R. Bubar and Samuel W. Gordon for Plaintiff and Appellant.

Novak, Cooper & Wohlgemuth and David E. Wald for Defendant and Respondent.

OPINION

COLE, P.J.

The question on this appeal is whether, under the doctrine of commercial frustration, the risk or burden arising from governmental action preventing use of leased property should fall on the lessor-financer or the lessee. The trial court held in favor of the lessee, Mitchell Lipsett Company, Inc., and Federal Leasing Consultants, Inc., the lessor, appealed. We affirm.

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