Auteri

Plaintiff brought suit against defendant to recover the sum of $335 alleged to be due as the final payment for one 8 horse-power gasoline engine, which plaintiff had installed in defendant’s boat. Defendant bad judgment and plaintiff appeals.

. Defendant, who is a fisherman by trade, desired to purchase a gasoline engine for a boat used in Ms business. He negotiated with plaintiff and a contract was made for the sale by plaintiff and purchase by defendant of -“One 8 H. P. (actual brake test) Imperial S/C gasoline engine,” together with certain equipment. By the terms of the contract the engine was “guaranteed against defective material and workmanship for the period of one year.” The terms of the sale were, $25 on placing of the order, two hundred dollars within three days from date of the contract, and the balance of $335 ‘ ‘ on successful trial trip. ’ ’ Defendant made the first two payments as required by the contract and the engine was installed by plaintiff in the boat.

During the negotiation leading to the making of the contract, the question arose concerning a suitable magneto as part of the equipment and its cost. The written contract merely specified a “magneto,”…