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Lerner et al., Appellants, v. Heicklen et al.

Landlord and tenant — Lease — Interpretation of — Covenant against loss — Validity.

A covenant in a lease releasing the landlord "from all loss of property however occurring" is sufficient to release the lessor from all liability for a loss caused by negligence of lessor or his servants.

It is not unreasonable to assume that a consideration that induces a tenant to enter into such a covenant is the fixing of a lower rental for the demised property than would otherwise be demanded by the lessor. Upon this matter the parties may bargain freely and agree upon their own terms. The covenant in question contravenes no policy in the law. It does not fall within the reason of the rule that makes the stipulation of a common carrier against liability for negligence a nullity.

All that the law insists on in the case of a tenant's waiver of a landlord's liability for losses resulting from his negligence is that it shall be plainly expressed.

Argued October 11, 1926.

PER CURIAM, December 10, 1926.

The judgment is affirmed on the opinion of President Judge AUDENRIED of the court below.

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LERNER ET AL. v. HEICKLEN ET AL
(Dec 10, 1926)