Barclay Woolen Corp. v. W. E. Hulton Dyeing Co.

BODY, District Judge.

Plaintiff is defendant’s lessee under a written lease dated December 15, 1961. Plaintiff, in addition to the lessor, W. E. Hulton Dyeing Co., has sued lessor’s contractor, John J. Rys, individually and trading as J. J. Rys Roofing Company (Rys), for damage to goods allegedly resulting from faulty roof repairs. Defendant-lessor has moved for summary judgment based on exculpatory clauses in the lease. Plaintiff-lessee has secured a default against Rys for failure to answer. Defendant-lessor asserts a cross-claim against Rys.

On March 6 and 7, 1962 a rainstorm damaged part of…