Fred Whitaker Co. v. Cohen

Sloane, J.,

This nonjury trial is an action in assumpsit by a lessee of a warehouse against its lessors for damages by rain through a leaking roof, averred to be in bad repair in breach of the lessors’ obligation to keep in good repair.

The property involved is a one-story, 15,000 square-foot warehouse, 3441-43 Bowman Street, Philadelphia, used by plaintiff for the storage of wool. The rainfall starting the damage came over the weekend of June 14-16, 1947, but almost entirely on the one day of June 14th. At that time, plaintiff, in the wool business, was in possession under a lease with…