Mayfair Fabrics v. Henley

48 N.J. 483, on remand 97 N.J.Super. 116 (1967), affirmed 103 N.J.Super. 161 (1968)

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Nature of the Case

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Facts

Mayfair (P) leased commercial space from Natell. P's president was an attorney, and before he entered into the contract with Natell, he discussed an exculpatory clause against fire with an attorney. Natell's attorney was also involved in that negotiation. A number of heating units were to be removed in order for P's factory to conduct its operations. Those units were to be reinstalled before the end of summer. Natell contracted Henley (D) to do that work. Before the work was completed a fire broke out over the weekend. P received $180,000 in compensation from his insurance companies. P then filed a lawsuit against P and Natell on the grounds of their negligent work. Natall asserted the exculpatory clause and sought a summary judgment. The trial court denied that motion because it stated there was an issue over whether Natell's acts were from him acting in a capacity other than a landlord. This appeal ensued.