Noble, a resident of Washington, D.C., ordered a stereo tuner from a store in Maine. The unit
Question:
Noble, a resident of Washington, D.C., ordered a stereo tuner from a store in Maine. The unit was shipped and was received by McLean, the receptionist/switchboard operator in Noble’s apartment building. She placed the tuner in a small room where packages for tenants were kept. When McLean went off duty at 4 p.m., the package was still in the room. By the next day it was gone; only the empty box in which the unit had been shipped was found outside the building. Noble brought suit, claiming that a bailment existed. The landlord, Bernstein, denied responsibility and pointed out a provision in the lease that the landlord is not responsible for the property of tenants and that, even if an employee of the landlord does store, move, or handle a tenant’s property, he or she does so as the tenant’s agent. Did a bailment exist, and is Bernstein responsible for the loss? [ Howard Bernstein, et al. v. Richard Noble, 487 A.2d 231 (District of Columbia).]
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