Mohammed Abdallah D/B/A Holyland Store v. Caribbean Security Agency

OPINION OF THE COURT

VAN DUSEN, Circuit Judge

On July 16, 1974, the plaintiff, Mohammed Abdallah, filed a complaint seeking damages against Caribbean Security Agency as the result of the losses sustained in a burglary of plaintiff’s store after he had notified defendant that its alarm system was not functioning. Defendant’s answer filed September 16, 1974 included a counterclaim alleging that the parties had “entered into a contract regarding a fire alarm and burglary system” and in paragraph two stated that “[a]lthough repeated demands have been made by Defendant upon Plaintiff, Plaintiff…