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C. Allen, J. This case falls fully within the decision in Drake v. White, 117 Mass. 10. Indeed, the mention in the contract now before us, that customary wear and tear are excepted from the defendant’s agreement, furnishes an additional reason for holding that injury from inevitable accident is not excepted.
Exceptions overruled.
Document Info
Citation Numbers: 136 Mass. 377
Judges: Allen
Filed Date: 1/29/1884
Precedential Status: Precedential
Modified Date: 6/25/2022