Wilson

This action grows out of a contract made and executed between the Fulton Engineering Company, assignor of the plaintiff herein, and Lee W. Wilson and J. Andrew McLaughlin, the defendants. By the terms of the contract, the said assignor agreed to construct for the defendants a certain placer machine in accordance with the terms of said contract, and the defendants agreed to purchase the same.

It is alleged in the complaint that the contract was fully completed on the part of the plaintiff and its assignor; that by the mutual agreement of the parties certain changes were made which had been fully executed; that in addition to the above-mentioned placer machine the plaintiff had constructed for the defendants certain “gold saving devices”; that the purchase price of said placer machine was the sum of $14,500, of which sum $5,000 had been paid by the defendants; that the principal changes made in the construction of the said placer machine consisted in making the superstructure thereof of steel instead of wood, making the trucks of caterpillar type instead of wheel type, making the excavator of rehaul type instead of gravity return type, changing the hoist track cables and lines to…