Alguire v. Riverside Sheet Metal Works

SHAW, J.

Defendant appeals from a judgment entered in favor of plaintiffs in an action to recover damages for the breach of a warranty.

As appears from the complaint, defendant for an agreed price of $576 performed the labor and remodeled a heating system in plaintiff’s rooming-house, in connection with which it furnished and installed a furnace, oil-burner, oil tank, grills, coils, and necessary connections, and guaranteed that the system as installed and completed would “produce sufficient heat for all the rooms at present connected with the old system and to deliver heat to these rooms with the exception of any above the first floor that may have an obstruction in the air pipe or a faulty installation.”

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Plaintiffs alleged facts showing a breach of the warranty in that, while they had operated the heating system “in accordance with the direction of defendant, it did not produce sufficient heat for all the rooms at the time of

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the purchase aforesaid connected with the old system and it did not deliver heat to those rooms, with the exception of any above the first floor that may have an obstruction in the air-pipe or a faulty installation.” Admitting the terms of the warranty, defendant denied the breach thereof and alleged that it duly performed all the conditio,ns of the contract on its part to be performed. As to this issue, the court made an adverse finding to defendant. Appellant attacks this finding, claiming, that it is not responsive to the issue. The rule of law is well settled that findings should be construed most favorably in support of the judgment, and so construed we deem it sufficient in form and substance.

It is also contended that the evidence is insufficient to support the finding in that the system as installed was connected with a coal furnace theretofore used by plaintiffs, and appellant claims that the guaranty contemplated and was based upon the use of the coal furnace in connection with the oil furnace so installed by it. Conceding this to be true, there is evidence tending to prove that the coal furnace was so used as an auxiliary to the oil furnace without any appreciable result in the production and distribution of heat to the rooms.