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COPPOLA v. SINCLAIR REFINING COMPANY

No. 51099.

131 N.W.2d 270 (1964)

Joseph M. and Marguerite M. COPPOLA, husband and wife, Appellants, v. SINCLAIR REFINING COMPANY, Appellee.

Supreme Court of Iowa.

November 17, 1964.

Attorney(s) appearing for the Case

Joseph M. Coppola and William J. Trout, Des Moines, for appellants.

Parrish, Guthrie, Colflesh & O'Brien, Des Moines, for appellee.

MOORE, Justice.

November 30, 1959, a driver for defendant, Sinclair Refining Company, who had an order to deliver fuel oil to 1353 24th Street, mistakenly delivered the oil to 1353 23rd Street, Des Moines, which was a four-plex owned by plaintiffs Joseph M. and Marguerite M. Coppola. Marie Earl, mother of Mrs. Coppola, lived there and was manager of the apartments.

The oil was delivered through an oil fill pipe which extended through the basement wall and...

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