Sanborn

Appellant filed this action in the Superior Court of the County of Kern seeking to recover a judgment for $3,479.38. The complaint attempts to state three causes of action. Prom this pleading it appears that respondent is a corporation engaged in the business of manufacturing, selling and installing pumps; that appellant owned land in Kern County upon which was a water-well from which 100 gallons of water could be pumped each minute; that respondent sold appellant, and agreed to install, at a cost of $879.38, a Pomona turbine pump, which was guaranteed to pump 100 gallons of water each minute; that appellant paid the agreed price therefor; that the pump was installed but would pump no water from the well. The facts thus far stated are common to all three causes of action though not sufficiently incorporated in two of them. One cause of action is for $2,500 damages suffered between May 11 and July 1, 1931, by reason of appellant not being able to pump any water from his well. The second is for the recovery, after a purported rescission of the contract, of $879.38, paid for the pump and its installation. The third is to recover $100 expended by appellant “at the request of and with…