Walters

This is an action brought by plaintiff against defendant to recover the sum of $1,460, alleged to be owing for work performed and materials furnished in the repairing of a steamer called the “H. E. Wright.”

In his amended answer defendant admitted that plaintiff performed certain work and furnished certain materials, but denied that they were for the “repair of said steamer ‘H. E. Wright, ’ ” but alleges that plaintiff entered into an agreement with defendant whereby plaintiff agreed to construct and place in said steamer a certain steel shaft and its necessary attachments (describing them), “which said shaft was to be a first-class shaft and in a perfect condition, and fit for the purposes for which it was ordered, . . . for the sum of $1,460”; that, prior to the placing of said shaft in said steamer defendant discovered that the said shaft “was not in first-class and perfect condition, but, on the contrary, said shaft was improperly made and the same was defective, and had a serious flaw and defect therein” (particularly describing it), by reason of which it was “not reasonably fit for the purposes for which it was ordered and to be used,” and defendant refused to accept said…