A wood-burning stove from sears

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Reference no: EM131045440

Raymond and Sandra Duford purchased a wood-burning stove from Sears. The stove was manufactured by Preway, Inc. At trial, it was shown that Raymond had inadvertently installed the section of the chimney pipe that went through the roof upside down; and all parties agreed that such improper installation caused a fire that had destroyed the Dufords' house. At trial, the Dufords alleged, and Preway admitted, that there were no markings on the pipe to indicate ‘‘which end was up.'' An expert for the Dufords then testified that the simple precaution of an embossed marking would have been satisfactory. Later, to the amazement of all the parties, a witness for Preway pointed out that the actual pipe in question had been marked with embossed letters. The pipe in fact had tiny letters spelling ‘‘UP'' with two arrows pointed in the proper direction. Since no one on either side had noticed the letters except the one witness, the Dufords hastily changed their claim to that of inadequacy of the marking. Who will prevail? Why?

Reference no: EM131045440

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