Arkin v. Sig Heller Co.

The action is by tenants against their landlord to recover for property damage caused by water leakage. It was begun in November, 1948, and noticed for trial on the jury calendar for November 23, 1948. It appeared on the pretrial calendar when settlement was discussed.

On January 22, 1950, shortly before the action was to be reached for trial, the plaintiffs served their bill of particulars to which photostatic copies of the leases under which the plain*1085tiffs occupied their respective premises were annexed. The leases contain a waiver of jury trial clause identical with the one recently held by…