Judgment reversed and a new trial ordered, with costs to abide the event.
There was no evidence on behalf of respondent as to what an oil burner service man, called by the steamfitter, engaged by respondent, found on December 27, 1955. From appellant's evidence it appeared that there were 388 gallons of oil in the tank before the delivery of December 28, 1955. Under the circumstances it is our opinion that the finding implicit in the verdict that the oil burner did...
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