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KUYPER v. GULF OIL CORP.

410 A.2d 164 (1979)

Joel G. KUYPER and Vivian A. Kuyper, Plaintiffs Below, Appellants, v. GULF OIL CORPORATION, Gulf Oil Company, U.S. Division, a corporation, Defendant Below, Appellee. Victor Z. FAIVRE, Plaintiff Below, Appellant, v. GULF OIL CORPORATION, Gulf Oil Company, U.S. Division, a corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided December 27, 1979.

Attorney(s) appearing for the Case

Robert B. Walls, Jr., Wilmington, for plaintiffs-appellants.

Frederick W. Iobst, of Young, Conaway, Stargatt & Taylor, Wilmington, for defendant-appellee.

Before HERRMANN, C. J., and DUFFY, McNEILLY and QUILLEN, JJ., constituting the Court en Banc.

QUILLEN, Justice:

This appeal arises from a consolidated non-jury trial of two cases. Plaintiff homeowners claim property damage arising from a fire which started in the Kuyper home after a Gulf employee sprayed the flue pipe leading from the boiler to the chimney with a chemical designed to burn soot as part of a cleaning process. The Trial Judge found the spread of the fire was caused by a chimney defect, a break in the flue liner at an offset at the second floor...

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