Rathbun

pro tern. — Action is brought to recover $34,800 as damages for nondelivery of certain motor valves which it is alleged defendant contracted to manufacture and deliver to plaintiffs and which plaintiffs had in turn contracted to sell and deliver to their customers. Defendant alleges that it did manufacture all of said valves that had been ordered, and offered to deliver the same, and that plaintiffs failed and refused to pay a promissory note of $300 given under the terms of the contract; and asks judgment for said amount, with attorney’s fees, together with judgment in the sum of $1,792.12 for valves manufactured. The trial court adjudged that plaintiffs and defendant take nothing. Plaintiffs appeal from the judgment.

Under date of April 16, 1921, plaintiffs and defendant entered into a written contract whereby, in consideration of plaintiffs’ order for 5,000 motor valves, plaintiffs’ check for $200, and plaintiffs’ thirty-day note for $300, in payment of special dies required for the production of the work, defendant agreed to manufacture, at certain prices, such motor valves as plaintiffs might order from time to time during the period of one year. Defendant agreed to deliver…