Burkett v. Oil Automatic Heating Corp.

Supported by the evidence and. not against its weight, the trial judge found that plaintiff made known the purpose for which he desired an automatic heating device to the defendant, a manufacturer of such a device using oil as a fuel and having a thermostatic control, and that he relied on defendant’s skill and judgment in furnishing him a heating plant adaptable to his purpose, and that the plant furnished by defendant totally failed in its purpose. The testimony shows that plaintiff owns a house having several apartments, some of which are rented. Both he and his wife are employed and away…