Farren

On the thirtieth day of January, 1920, the defendant entered into a contract with the plaintiff Western Well Works, Incorporated, whereby the plaintiff agreed to furnish certain pumps, motors, and equipment and the defendant agreed to pay therefor the sum specified in said contract. This action is for a balance alleged to be due on account of the unpaid portion of the purchase price of said equipment. The defendant, by cross-complaint, alleged damages for failure on the part of the plaintiff, Western Well Works, Incorporated, to furnish the pumps, motors, and equipment according to the terms of said contract, the damages sought to be recovered being damages alleged to have been suffered by reason of such delay on the part of said plaintiff in fulfilling its contract. Upon the conclusion of the testimony, the court granted a nonsuit as to defendant’s cross-complaint and directed judgment for the plaintiff for the unpaid portion of the amount agreed to be paid by the defendant for the pumps, motors, etc. From this judgment the defendant appeals.

It appears from the testimony in this case that preceding the execution of the contract between the said Western Well Works, Incorporated,…