Ingle Manufacturing Co. v. San Diego Oil Products Corp.

The defendant appeals from a judgment rendered in favor of the plaintiff in an action brought to recover the agreed purchase price of $2,396 for twelve galvanized iron tanks, each of the capacity of 8,189 gallons.

The contract was evidenced by certain letters passing between the parties. Of such letters those which are considered of material consequence in determining tins controversy specified that the tanks be guaranteed against leaks before leaving plaintiff’s factory, and that the tanks be placed on platforms not exceeding twelve inches in height. The construction of the tanks was commenced at the plaintiff’s factory, but was completed on the property of the defendant. The platforms on which the tanks were to rest were furnished and constructed by the defendant, and while used for the purpose for which they were intended, the trial court found that they were not “accepted by the plaintiff,” and “that the plaintiff assumed no obligations in regard to the foundations furnished by the defendant.” The court further found: “That said tanks did comply with plain*tiff’s written guarantee and did comply with the express warranty found in Civil Code section 1770, and were reasonably…