Ashwell-Twist Co. v. Burke

Ashwell-Twist initiated this action against Marvin Burke, Aetna Casualty & Surety Company and Fritz Daviscourt to recover a $2,485.60 balance due for services it performed at Burke’s residence when, in January of 1972, the 70-year-old furnace in the home exploded. In its complaint, Ashwell-Twist alleged that it had satisfactorily performed repair services at the request of Gary Burke (Marvin Burke’s son) and Fritz Daviscourt, an Aetna claims representative. In his answer, Burke denied that he had requested the repair work and alleged that, except for certain improvements, Aetna was…