Connell

Action for damages for breach of contract. At an agreed price of $655, defendant sold and agreed to furnish to plaintiff, f. o. b. Los Angeles, California, a piece of machinery, known and designated as a lathe of Lodge & Shipley pattern, supplied with a Bullock motor; all of which machinery should be constructed in accordance with and conform to certain specifications designated in the contract. At the time of making the contract of purchase, plaintiff paid to defendant $25 upon the purchase price thereof. The contract contemplated that the lathe and machinery should be manufactured in Ohio and shipped to Los Angeles, and as a part of the contract plaintiff guaranteed the freight rate should not exceed $1.25 per hundred, which was the rate for transportation of like machinery in carload lots. The contract called for a lathe eighteen feet in length, but the lathe shipped, owing to an error of defendant’s, was only eight feet in length. The lathe was shipped from Ohio to a point in New York, where it was loaded with a car of goods of plaintiff’s and shipped through to Los Angeles at a rate of $1.25 per hundredweight, whereas if it had been shipped alone the transportation charges…