Hayes v. Flaum

Clark, Judge.

"I think you have an impossible burden in the case” was the comment of the trial judge as he ruled adversely to the plaintiff (now appellant) in sustaining the motion for a directed verdict in behalf of defendants. His reference was to the problems confronting a tenant-partnership which had operated a men’s clothing retail store in seeking to establish by legal evidence their claim against the landlord for damages to their fixtures, supplies, and inventory caused by mildew and dampness in the leased premises. This alleged defect in the premises had begun approximately two years…