Bergman

Budget Rent-A-Car of Southern California (Budget) appeals from a single judgment against it in two consolidated cases. Samuel R. Bergman (Bergman) cross-appeals from the said judgment and from the trial court’s order taxing costs thereon, but only insofar as he was denied attorney fees “incurred in defense of contract related claims.”

On September 20, 1974, Budget leased its used 1971 Rolls Royce automobile at a total monthly rental payment of $658.38 to Michael Urman/Old Time Cars (Urman) under a written open ended 36-month lease. Budget delivered possession of the Rolls to Urman. Though frequently late in doing so, Urman made the periodic monthly payments due under the lease through December 1974, when he defaulted on his payments. At all pertinent times, Urman was a dealer in old time used cars with a showroom wherein he displayed used (usually old time) cars for sale.

Urman displayed the leased' Rolls on his showroom floor for approximately two weeks prior to, and including February 5, 1975. On that date, Urman sold it to Bergman, who had seen it there on display, for $25,987, including sales tax, for money and money’s worth. The “money’s worth” consisted of used…