Kliman v. Motorland, Inc.

This is an action of contract or tort brought to recover damages for the destruction, in whole or in part, of the plaintiff’s automobile and the loss of some of its contents, after it had been stolen from a parking space operated by the defendant in Boston. .

The plaintiff’s declaration is in five counts. The first count, in substance, alleges an agreement based on a legal consideration between the parties, “to store the plaintiff’s motor vehicle” — in the defendant’s parking space — - and that the defendant agreed “diligently to watch, guard and protect it”; that the defendant breached the…