Firemen's Insurance Co. of Washington v. Amerada Hess Corp.

NEBEKER, Associate Judge:

The issue at trial was whether a homeowner who responded affirmatively to a heating oil contractor’s annual return-postcard offer to clean the oil furnace acquired a contract right to have the flue cleaned, a *838failure to have done so having caused the home and its contents to be soiled. The returned postcard was not put into evidence and the homeowner could not recall which of three offered service options was accepted. When the furnace malfunctioned an agent of the company who then cleaned the flue said that it should have been cleaned initially, and subsequently the…