Sarkesian v. Cedric Chase Photographic Laboratories, Inc.

This is an action of contract or tort to recover damages for the loss of a roll of photographic film delivered by the plaintiff to the defendant to be developed. *621The declaration is in two counts and, the count in tort having been waived, the case was tried, before a judge sitting without jury, on the count in contract. There was evidence that in May, 1945, the plaintiff, then a soldier in the United States army stationed overseas, procured the roll of film in question containing thirty-six exposures from the United States army signal corps. He used the film in his camera to take pictures of…