Katinas v. Hanley

This was an action of contract and tort in two counts in which the plaintiff sought to recover damages for the loss of his parlor set by fire while the parlor set was in the possession and control of the defendant.

The defendant’s answer is a general denial and plea of payment.

The plaintiff waived Count 1. of his declaration and relied on Count 2. being in contract.

The action was tried on an agreed statement of facts as follows: “In November, 1948 the plaintiff requested his daughter to call the defendant to have his three-piece parlor set picked up, cleaned and delivered back. The defendant…