Bass-Fineberg Leasing, Inc. v. Modern Auto Sales, Inc.

Decision and Remedy: A state intermediate appellate court affirmed the lower court’s order. The contract between Cipriani and Allie was void because Cipriani could not assign his rights under the lease without Bass-Fineberg’s written consent. Because the contract was void, the parties were to be returned to their pre-contract status, which included a refund of the $5,000 payment. The repairs to the bus cost $1,341.50. Who should pay this amount? Why?