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FREDDI-GAIL, INC. v. ROYAL HOLDING CORP.

34 N.J. Super. 142 (1955)

111 A.2d 636

FREDDI-GAIL, INC., A CORPORATION, PLAINTIFF-APPELLANT, v. ROYAL HOLDING CORP., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 1955.

Attorney(s) appearing for the Case

Mr. Samuel A. Gennet argued the cause for plaintiff-appellant.

Mr. E. Gustave Greenwald argued the cause for defendant-respondent.

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

This appeal turns on the effect to be given a clause in a lease purporting to relieve the landlord from liability for any damage by water leakage. Did the parties intend by this clause to free the landlord from liability for its own misfeasance resulting in such leakage?

The action is by the tenant's assignee against its landlord for damage to personalty, caused by leakage resulting allegedly from the...

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