Sherman

This is an action brought by the plaintiff as assignee of Fairbanks, Morse & Company to recover the purchase price of an oil engine with standard appliances and equipment sold to the defendant. The company will be hereafter designated as plaintiff in this opinion. Under the terms of the written contract between the parties the seller was to install the engine in a workmanlike manner on the defendant’s ranch to be there used for the purpose of pumping water for irrigation purposes. The purchaser was to pay therefor, thirty days after the date of the contract, the sum of $1,611. The engine was to be set up by an engineer-erector to be supplied by the plaintiff. The adequacy of the installation was questioned by the defendant and this controversy resulted. There is no dispute as between the parties but that the plaintiff did furnish and deliver on the premises of the defendant the exact equipment called for by the written contract, but it is the contention of the defendant and respondent that the engine was not installed in an efficient and workmanlike manner and he refused to pay the purchase price therefor, basing his refusal on that ground. Judgment went for defendant and…