POSTAL INSTANT PRESS, INC. v. SEALY

Docket No. B081122.

43 Cal.App.4th 1704 (1996)

51 Cal. Rptr.2d 365

POSTAL INSTANT PRESS, INC., Plaintiff and Respondent, v. SUE SEALY et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Seven.

March 28, 1996.


Attorney(s) appearing for the Case

COUNSEL

William P. Tedards, Jr., Thomas V. Girardi and James B. Kropff for Defendants and Appellants.

Joel P. Schiff, Paul A. Pavlis, Thomas M. Regele and James H. Berry for Plaintiff and Respondent.


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...

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