American Auto Sales, Inc. v. Massachusetts Port Authority

The defendant appeals from an order of the Appellate Division dismissing the report in an action in contract or tort to recover the value of an automobile stolen from the defendant’s public parking garage at Logan International Airport. The automobile was leased by the plaintiff to one Wolfe who had parked it in the garage and locked it. The count in contract was waived (see Fairfield’s Motors, Inc. v. Fitz-Inn Auto Park, Inc. 1 Mass. App. Ct. 833, 834 [1973], where no recovery was allowed in contract for a lessor who was not a party to his lessee’s contract for bailment). The action in tort…