LEE TIRE & RUBBER CO. OF THE STATE OF N. Y. v. DORMER


108 A.2d 168 (1954)

LEE TIRE & RUBBER COMPANY OF THE STATE OF NEW YORK, a corporation of the State of New York, Appellant, Defendant Below, v. Devlin W. DORMER, Respondent, Plaintiff Below.

Supreme Court of Delaware.

Rehearing Denied November 1, 1954.


Attorney(s) appearing for the Case

Irving Morris, of the firm of Cohen & Morris, Wilmington, for plaintiff.

Albert L. Simon and Stephen E. Hamilton, Jr., Wilmington, for defendant.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


BRAMHALL, Justice.

This appeal involves the right of plaintiff to recover for damage to his automobile and loss of its use resulting from its theft from defendant's parking lot.

Plaintiff entered into an agreement with defendant for the parking of plaintiff's automobile on the parking lot of defendant. Under the arrangement between the parties plaintiff was to be permitted to store his automobile on a 24-hour basis, for which he was to pay defendant the sum...

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