Petrotta

This is an appeal from a judgment for the defendant in an action to rescind a contract for the purchase of a pump, for the breach of an alleged covenant on the part of the vendor that it would elevate forty-one gallons of water each minute.

Pursuant to a written contract dated January 2, 1925, the respondent sold and delivered to the appellant at Tujunga, California, and installed in his 320-foot well a Westeo-Chippewa pump, for the agreed price of $1,892.42, upon which there was paid the sum of $630.80. By the terms of this contract, which was prepared upon a printed form, it was stipulated in part that with a lift or depth of 320 feet, by the use of a five horse-power motor, the pump would raise forty-one gallons of water each minute, except that the printed guaranty clause contained the following provision:

Immediately following the last-quoted paragraph, which appeared in printed form, this statement was written with pen and ink:

Mingled with the water of the well there was a considerable amount of sand which seriously cut the leather valves in the cylinders, causing them to leak and thus greatly reduced the quantity of water which the pump would normally raise in a given…