Mutual Coat Corp. v. Dorsyl Realty, Inc.
Mutual Coat Corp. v. Dorsyl Realty, Inc.
Opinion of the Court
Order sustaining demurrer affirmed. Judgment for the defendant. In this action by a tenant against its landlord for loss of furs by theft, the declaration, on demurrer, fails as to the first count, in tort, because the mere relationship of landlord and tenant imposes no duty on the landlord to secure entrance doors. Teall v. Harlow, 275 Mass. 448, 452. The second count, in contract, fails because there is no allegation of an express contract, written or oral, whereby the landlord assumed the duty to secure entrance doors. Pollock v. New England Tel. & Tel. Co. 289 Mass. 255, 258. G. L.
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