Stevens v. Parkford

SHAW, J.

insisting that the findings are not supported by the evidence, appeals from a judgment entered in favor of defendants.

The complaint sets forth three causes of action. By the first count it is alleged that in December, 1914, plaintiff sold, delivered, and installed in defendants’ hotel, known as the Casa Blanca Hotel, certain described cooling-boxes for which defendants .agreed to pay him the sum of $537.50, all of which is unpaid. The second count declares upon a written contract, dated October 21, 1914, under and pursuant to which it is alleged that plaintiff furnished and installed in said hotel a one-ton refrigerating plant and appurtenances to be used in connection therewith, for which defendants agreed to pay the sum of $763, no part of which has been paid. The third count is for $17.50, alleged to be due for a

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pump and oil sold defendants, as to which, since judgment therefor was rendered in favor of plaintiff, there appears to be no controversy.

While the court found that plaintiff furnished and properly installed the cooling-boxes for which defendants agreed to pay him the sum of $537.50, it further found that payment therefor so to be made by defendants was conditional and dependent upon the refrigerating system operating according to warranties set forth in the contract dated October 21st for the installation of the same; in other words, payment for the cooling-boxes was made to depend upon the successful operation of the refrigerating plant, which, as found, “did not operate according to the provisions and warranties set forth in said contract,” and did not produce refrigeration in accordance with the guaranty contained in the contract dated October 21, 1914, under which the refrigerating plant was installed.

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The contract for the refrigerating plant contained full and complete specifications therefor, and not a scintilla of evidence, in so far as we are advised, was offered tending to show that, as installed, it was not constructed in strict accordance with the specifications therefor. In other words, as to the refrigerating plant, defendants got precisely what they contracted for, and there was no implied warranty that the machine would answer the particular purpose for which the buyers intended to use it.