Johnson v. Chemical Supply Company

The Kargard Company, a Marinette corporation which manufactures steel pressure tanks, purchased toluol for use as a paint thinner from the defendant Chemical Supply Company, a Menasha corporation which distributed industrial chemicals. The defendant purchased bulk tank loads of toluol from petroleum companies, storing the toluol in underground tanks, then pumping it into 55-gallon steel drums for sale to its industrial customers. These drums were painted black, except for a white head on which was printed the warning "Danger -- Flammable Liquid" and "Keep Away From Fire, Heat and Openflame lights -- Caution." Empty toluol drums were sealed (by replacing the bungs) and stored in the yard outside the Kargard plant for return to the defendant.