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RUZZI v. BUTLER PETROLEUM CO.

527 Pa. 1 (1991)

588 A.2d 1

Gary RUZZI and Sharon Ruzzi, his wife, v. BUTLER PETROLEUM COMPANY, Appellant, v. George SHOCKEY and Edmund Zinsser. (Two Cases) BUTLER PETROLEUM COMPANY, Appellant, v. Edmund J. ZINSSER, III and Janice P. Zinsser, his wife, and Zincon, Inc., d/b/a/ Zinsser Service. Gary RUZZI and Sharon Ruzzi, his wife, v. Edmund J. ZINSSER, III and Janice Zinsser, his wife, Zincon, Inc., George Shockey, and Brenda Shockey, t/d/b/a Shockey Excavating. (Two Cases) Appeal of BUTLER PETROLEUM COMPANY. Gary RUZZI and Sharon Ruzzi, his wife, v. BUTLER PETROLEUM COMPANY v. George SHOCKEY and Edmund Zinsser. (Two Cases) Appeal of George SHOCKEY and George Shockey and Brenda Shockey, t/d/b/a Shockey Excavating. (Four Cases) BUTLER PETROLEUM COMPANY v. Edmund J. ZINSSER, III and Janice P. Zinsser, his wife, and Zincon, Inc., d/b/a Zinsser Service.

Supreme Court of Pennsylvania.

Decided March 15, 1991.

Attorney(s) appearing for the Case

James B. Cole, Stokes, Lurie & Cole, Pittsburgh, for Gary & Sharon Ruzzi.

George M. Weis, Weis & Weis, Pittsburgh, for Edmund Zinsser.

Arthur J. Murphy, Jr., Murphy, Taylor & Adams, Pittsburgh, for George Shockey, et al.

Louis C. Long, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, for Butler Petroleum Co.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.*

In March of 1984 Edmund and Janice Zinsser entered into an agreement with Butler Petroleum Company which provided that Butler Petroleum would refurbish Zinsser's gasoline station, fitting it, among other things, with gasoline tanks, appropriate plumbing and pumps for the tanks, a Texaco credit card imprinter, a Texaco sign, and a complete exterior...

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