Alguire

Defendant appeals from a judgment entered in favor of plaintiffs in an action to recover damages for the breach of a warranty.

As appears from the complaint, defendant for an agreed price of $576 performed the labor and remodeled a heating system in plaintiff’s rooming-house, in connection with which it furnished and installed a furnace, oil-burner, oil tank, grills, coils, and necessary connections, and guaranteed that the system as installed and completed would “produce sufficient heat for all the rooms at present connected with the old system and to deliver heat to these rooms with the exception of any above the first floor that may have an obstruction in the air pipe or a faulty installation.”

[1] Plaintiffs alleged facts showing a breach of the warranty in that, while they had operated the heating system “in accordance with the direction of defendant, it did not produce sufficient heat for all the rooms at the time of the purchase aforesaid connected with the old system and it did not deliver heat to those rooms, with the exception of any above the first floor that may have an obstruction in the air-pipe or a faulty installation.” Admitting the terms of the warranty,…