Balthazor v. B & B Boiler & Supply Co.

The opinion of the court was delivered by

Smith, J.:

This is an action to recover damages alleged to have been sustained when a heating plant in a poultry house operated by plaintiffs ceased to function one morning. A mistrial was declared after the evidence of both parties had been introduced. The appeal is from the trial court’s order overruling defendant's demurrer to plaintiffs’ evidence.

The action was brought against three defendants, the B & B Boiler and Supply Company, which made the propane tank involved; the Industro Sales and Equipment Company, which sold plaintiffs the tank, and the…