Sherman

In the original complaint it was alleged that plaintiff’s assignors undertook the. construction and installation of a certain electric engine under and by virtue of a contract with defendant which specified what should be furnished and installed in connection with the engine, the total price for all of which was five hundred and fifty dollars. The contract contained a warranty as to material and workmanship connected with the installation. The complaint alleged that pursuant to the contract there had been installed, as by the contract specified, the engine and its equipment, and that no part of the consideration price had been paid. The answer denied that said engine and equipment had ever been installed as by said contract provided, and alleged that the same was defective in many essential parts and wholly failed to perform the work for which it was intended, and for that reason refused to accept the same; that plaintiff’s assignors undertook the work of reconstruction and curing defects, but wholly failed to do so and left the engine in a dismantled condition, with its various parts dispersed about the floor of the building where it is situate, and that defendant had repeatedly…