Davis v. Lampert Agency, Inc.

For a payment to him of $400 plaintiff, a photographer, made an oral lease to defendant of a photographic transparency, which defendant agreed to return “ in the condition that it was leased.” Defendant is an advertising agency and not engaged in the business of photography. For the purpose of having an enlarged print made, defendant sent the transparency to K & L Color Service Incorporated, which lost it in some unknown manner. Defendant’s consequent failure-to return the transparency to plaintiff led to the present action for damages, in which plaintiff has been granted summary judgment.

The…