MONTEREY CORP. v. HART

Record No. 750458.

224 S.E.2d 142 (1976)

216 Va. 843

The MONTEREY CORPORATION v. John L. HART, Executor and Trustee of the Estate of Margaret Hart Barnes, Deceased.

Supreme Court of Virginia.

April 23, 1976.


Attorney(s) appearing for the Case

Charles L. Williams, Jr., Roanoke (Gentry, Locke, Rakes & Moore, Roanoke, on brief), for plaintiff in error.

W. H. Jolly, Salem (Kime, Jolly, Clemens & Canterbury, Salem, on brief), for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


HARRISON, Justice.

This case involves an action by a landlord against the executor of a deceased tenant for fire damage to leased premises allegedly caused by the tenant's negligence. Summary judgment was entered in favor of the lessee's executor upon the ground that the provisions of the lease, as a matter of law, exonerated the tenant from liability for loss due to fire.

The Monterey Corporation operates the Patrick Henry Hotel in Roanoke and in the course...

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