Fordham v. Butane Gas & Equipment Co. (198 S.W.2d 607, 1946)

SMITH, Chief Justice.

In the absence of a statement of the case in appellants’ brief, we copy the following statement from appellee’s brief:

“Sometime during the month of April, 1945, the Appellants moved into a place located on Military Drive in San Antonio, Texas. There was a Butane gas system installed on the property at the time. The Appellants called the Appellee, Butane Gas and Equipment Company, to work on the Butane gas system and asked them to convert the kitchen range from natural gas, which the Appellants had used in Houston, Texas, to Butane; to convert some room heaters to Butane; to check over the water heater to see if it was operating all right; and to hook up the range. About April 9, a man from the Butane Gas and Equipment Company did some work on the Butane system. He told the Appellants that there were some parts needed in the water heater, located in the garage, and said that it would take about ten (10) days to get them. The Appellants told him to order the parts. About six or seven days later the Appellants called the Butane Gas and Equipment Company and advised that they noticed a peculiar odor, it smelled hot and musty, but Appellants did not know whether it was Butane. Whereupon the Appellee’s workman told Appellants it would not be necessary to come out, and he didn’t go out. A fire occurred on April 19, 1945, burning the garage, kitchen, back porch and roof of the house. At the