Fena v. Wickstrom

OPINION

POPOVICH, Chief Judge.

Appellant appeals from a judgment of the trial court in favor of respondent dismissing appellant’s counterclaim. We affirm.

FACTS

On April 4, 1978, the parties executed a five year lease. The property leased consisted of the basement and first floor of a two story structure in which appellant operated a Ben Franklin variety store. The lease contained the following exculpatory clause:

The said Lessee agrees that the said Lessors shall not be holden or liable for any loss or damage which may be sustained by the said Lessee or others by reason of the freezing, bursting,…