Portec, Inc. v. Gulf Oil Corp.

Yesawich, Jr., J.

Plaintiff purchased 17,000 gallons of quench oil from defendant Goodrich Petroleum Corporation to use in its manufacturing process. The oil was acquired from defendant Gulf Oil Corporation. Quench oil cools the refired steel bars which plaintiff fabricates for the railroad industry. Defendant Marshall Service, Inc. (hereinafter defendant) transported the oil to plaintiff’s plant on December 21, 1984 during plaintiff’s annual two-week shutdown. When operations at the plant were resumed, a flash fire started in the quench tank. This fire extinguished itself, and immediately…