Harry Berger & Co. v. Estelle Alcock Admx.

This is an action of contract or tort to recover damages to plaintiff’s merchandise in the store leased by him as part of a larger building owned by the defendant.

Count one alleges that defendant negligently permitted the roof to become leaky and out of repair with the result that rain water leaked through the roof causing damage to goods, wares, and merchandise of plaintiff of which defendant had actual or constructive notice.

Count two alleges that defendant rented the premises in question to plaintiff under a written lease containing a clause reading in part as follows:

“The lessor agrees…