Buchanan & Smock Lumber Co. v. East Jersey Coast Water Co.

The opinion of the court was delivered by

Gummeee, Chief Justice.

This action is brought to recover from the defendant the loss sustained by the plaintiff in the destruction of its buildings and their contents by fire, *351the liability of the defendant, as it is contended, arising out of its negligence in failing to supply water for the extinguishing of the fire in accordance with the requirements of a contract entered into by the parties. By the terms of the contract the defendant agreed to furnish to the plaintiff “water for fire protection,” and the plaintiff agreed to pay for the same at the…