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WOJTOWICZ v. SARNO

Gen. No. 48,917.

45 Ill. App.2d 223 (1963)

195 N.E.2d 218

Andrew Wojtowicz, et al., Sandra Wojtowicz, a Minor, by Her Father and Next Best Friend, Andrew Wojtowicz, Joseph Wojtowicz, a Minor, by His Father and Next Best Friend, Andrew Wojtowicz, Pamela Wojtowicz, a Minor, by Her Father and Next Best Friend, Andrew Wojtowicz, and Victoria Wojtowicz, a Minor, by Her Father and Next Best Friend, Andrew Wojtowicz, Plaintiffs-Appellants, v. John W. Sarno, et al., d/b/a Cadillac Heating, Sarn-Oil Burner Supply Co., and Quiet-Heet Manufacturing Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied January 2, 1964.

Attorney(s) appearing for the Case

Epton, Scott, McCarthy & Bohling, of Chicago (Bernard E. Epton and Alfred S. Druth, of counsel), for appellants.

Marquard & Hoolehan, of Chicago (Henry J. Marquard, of counsel), for defendant-appellee, Sarn-Oil Burner Supply Company. Hinshaw, Culbertson, Moelmann & Hoban, all of Chicago (John M. Moelmann, Perry L. Fuller and Karl M. Tippet, of counsel), for defendant, Quiet-Heet Manufacturing Corporation.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

Mr. and Mrs. Andrew Wojtowicz and Mr. and Mrs. Joseph Wojtowicz owned and occupied a two-story apartment building in Phoenix, Illinois. The first floor apartment was heated with a coal-burning hot air furnace, the apartment on the second floor with an oil stove. In September 1954 they contracted with John Sarno and Joseph Perticara, who were doing business as Cadillac Heating, for the installation of an oil conversion...

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