Lynch v. Bekins Van & Storage Co.

Plantiffs in this case were awarded judgment for the sum of $11,376, as the value of certain household goods, antique articles, bric-a-brac, etc., which had been delivered into the charge of defendant as a warehouse-keeper. The merchandise had been transported from an eastern point to Los Angeles by a corporation, conducted as an adjunct to the defendant, although separate in its operation and management. On the arrival of the merchandise in Los Angeles plaintiffs visited the office of the defendant and there, through the agent of defendant, arranged for the storage of the goods. The merchandise was taken in charge by the defendant and stored in a warehouse near the railway station, but before a receipt therefor had been delivered to the plaintiffs a fire occurred which destroyed the warehouse and its contents, including the property of plaintiffs. The warehouse in which the property was stored, as has already appeared, was not fireproof. Plaintiffs in suing to recover the value of their property alleged that an express contract had been made with them, that the storage should be in a fireproof warehouse; second, that irrespective of the express verbal contract, defendant had, by…