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WHELAN v. GRIFFITH CONSUMERS COMPANY

Nos. 2720, 2721.

170 A.2d 229 (1961)

Joseph M. WHELAN and Marian S. Whelan, Appellants, v. GRIFFITH CONSUMERS COMPANY, Appellee. Helen O. VIERLING, Appellant, v. GRIFFITH CONSUMERS COMPANY, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided April 28, 1961.

Rehearing Denied May 22, 1961.

Attorney(s) appearing for the Case

Bartholomew B. Coyne, Washington, D. C., for appellants.

Walter M. King, Jr., Washington, D. C., with whom Charles R. Richey, Washington, D. C., was on the brief, for appellee.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776(b).

CAYTON, Acting Judge.

Appellant Vierling was the owner and appellant Whelan the lessee of a farmhouse in Colesville, Maryland. They sued Griffith Consumers for failure to deliver fuel oil, which failure they claimed resulted in the freezing of the heating plant and also in other damages. The trial court found for defendant and plaintiffs have brought this appeal.

On February 14, 1958, Whelan placed with Griffith an order for fuel oil to be delivered that day...

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