Sears, Roebuck and Company v. Poling

The question presented by this appeal is whether terms of a written lease relieve plaintiff, lessee of defendants’ building, from liability for its destruction by fire resulting from plaintiff’s negligence.

The case comes here on plaintiff’s appeal, granted by us under rule 332, from an adverse adjudication of law points under rule 105, Rules of Civil Procedure.

Plaintiff Sears, Roebuck & Company (we call it “Sears”) sued defendants Cramblit and Poling at law for damages. The nature of that action is not now material. The disputed issue arises from defendants’ counterclaim, plaintiff’s answer…