SEARS v. CLEVELAND TR. CO.

No. 16165

7 Ohio Misc. 279 (1966)

SEARS, ROEBUCK AND CO., APPELLEE, v. CLEVELAND TRUST CO., TRUSTEE, APPELLANT.

United States Court of Appeals, Sixth Circuit.

Decided February 8, 1966.


Attorney(s) appearing for the Case

Mr. Michael R. Gallagher, and Messrs. Hauxhurst, Sharp, Cull & Kellogg, for appellant.

Mr. James C. Sennett, and Messrs. Antonin Scalia, Jones, Day, Cockley & Reavis, for appellee.

Before WEICK, Chief Judge, CELEBREEZE, Circuit Judge and MACHROWICZ, District Judge.


MACHROWICZ, District Judge.

This is an appeal from a judgment entered on a verdict of a jury in favor of plaintiff-appellee in an action brought by a tenant against the landlord resulting from the collapse of a ceiling in the leased building, which resulted in damage to the stock of merchandise and loss of profits to the tenant during the repairs.

The tenant, plaintiff-appellee herein, obtained a written lease for ten years from the defendant-appellant in...

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