Permian Corporation v. Trumbull Asphalt Co. of Del.

OPINION

BISSETT, Justice.

This is a suit for damages to property resulting from the rupture of a storage tank that was filled with hot liquid asphalt. The Permian Corporation, plaintiff and cross-defendant, hereinafter called “Permian”, sued Trumbull Asphalt Company of Delaware, defendant and cross-plaintiff, hereinafter called “Trumbull”, seeking a recovery for the cost of putting its tank farm back into the condition that it was in prior to the rupture of the storage tank and for delinquent rent alleged to be due. Trumbull, by way of set-off, prayed for an allowance for certain inventory…