Thompson v. Fifth Hill Bldg. Co.

HOLLZER, J.,

pro tem.

Plaintiff brought this action to recover the purchase price of a certain boiler, also certain additional equipment and for the cost of certain extra labor. Judgment was rendered against defendant in favor of plaintiff as prayed for. The defendant attacks only that portion of the judgment which held that the latter was liable for the price of said boiler.

It is admitted that the defendant gave to the plaintiff an order reading as follows:

“Fifth and Hill Building “448 So. Hill Street,

“5th & Hill Building Company, Owner,

“Charles G. Andrews Company, Agents,

“714-719 Pacific Mutual Building,

“Los Angeles,

“5-11-25

“Thompson Boiler Works,

“1000 N. Broadway, Los Angeles, Calif.

“Gentlemen:

“Please furnish and deliver one twenty-five horse power high pressure steam boiler, to be assembled in the kitchen room in the Pershing Square Building at Fifth and Hill Streets.

“The above boiler is to be furnished complete as shown and described, i. e., boiler drum, boiler base, doors, door springs, boiler top, five flanges riveted on boiler for wash-out openings, fitted with two inch nipples and caps, Thompson vacuum gas burners, safety valve, steam gauge, steam gauge testing cock, steam gauge syphon, water gauge, cocks, gauge glass and rods, Thompson automatic gas regulator, valves and fittings, Boiler subject to 200 pound hydrostatic pressure test; for the sum of Nine Hundred-fifty dollars ($950.00) complete, less fifteen per cent. (15%).

“Respectfully,

“Thomas Foss,

“Resident Manager.”

It is also conceded that the boiler described in the above-mentioned order was delivered and installed as specified in said order, and that payment therefor has not been made.

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