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PETERSON v. SINCLAIR REFINING CO.

20 Wis.2d 576 (1963)

PETERSON and others, Plaintiffs and Appellants, v. SINCLAIR REFINING COMPANY, Defendant and Respondent: BOUGIE, Defendant and Respondent: INTEGRITY MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

October 1, 1963.

Attorney(s) appearing for the Case

For the appellants there was a brief by Smith, Smith & Roels of DePere, and Kaftan, Kaftan & Kaftan of Green Bay, for John and Verna Peterson, and by Harry Hoeffel of Appleton, for the Rural Mutual Insurance Company, and oral argument by J. R. Kaftan.

For the appellant Integrity Mutual Insurance Company there was a brief by Everson, Whitney, O'Melia & Everson of Green Bay, and oral argument by E. L. Everson.

For the respondent Sinclair Refining Company there was a brief by Welsh, Trowbridge, Bills, Planert & Gould of Green Bay, and oral argument by Richard J. Gould.

For the other respondents there was a brief by Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, for Norbert Bougie, by Hoeffel & Coughlin of Appleton, for the Rural Mutual Insurance Company; and by Smith, Smith & Roels of DePere, and Kaftan, Kaftan & Kaftan of Green Bay, for John and Verna Peterson, and oral argument by James R. Faulds.

WILKIE, J.

Since there are two separate appeals we will consider them separately.

Liability of Sinclair Refining Company.

The primary issue raised in the appeal by the Petersons and their insurer, Rural Mutual, may be stated as follows: Did the contract between the Petersons and Sinclair for the sale and delivery of fuel oil contain an implied promise of safe delivery which could not be avoided by hiring an independent contractor to make physical...

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