BILTMORE SYSTEMS, INC. v. MAI KAI, INC.

No. 79-2054.

413 So.2d 458 (1982)

BILTMORE SYSTEMS, INC., a Florida Corporation, Appellant, v. MAI KAI, INC., a Florida Corporation D/B/a Mai Kai Restaurant, the Travelers Indemnity Company and Richard Brown Agency, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

May 5, 1982.


Attorney(s) appearing for the Case

Jack Whitelock, Jr., of Bedford & Whitelock, Miami, for appellant.

Edward G. Stephany of Marko, Stephany, Lyons & Dow, Fort Lauderdale, for appellee-Mai Kai, Inc.


HURLEY, Judge.

The issue in this case is whether the risk of loss on a `loaner' automobile remained with the lessor or passed to the lessee pursuant to the terms of the leasing agreement. We conclude that the contract's plain meaning placed the risk of loss on the lessee and, therefore, we reverse the lessee's favorable summary judgment.

Lessor/appellant, Biltmore Systems, Inc., is a car leasing company. In December, 1975, Biltmore agreed to lease a 1976 Pontiac...

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