Rolkin

This action is upon a contract for the installation of a boiler and automatic oil burner, with the necessary connections and equipment, in an apartment building owned by defendant Rolkin and occupied by defen ddant Getchell as lessee. Judgment, was rendered in favor of plaintiff and from this judgment defendant Rolkin appeals.

Appellant, desiring to renovate the heating plant contained in said building, entered into negotiations with respondent to perform said work. O'n October 7, 1929, respondent submitted to Rolkin, in writing, an offer to do the work for a specified sum. This offer in substance provided that respondent agreed, for the sum of $2,181, to install a new American Radiator Co. ’s cast-iron sectional steam boiler with smoke and water connections, one Johnson automatic burner with all connections, one 1500-gallon oil storage tank with all pipe connections, one steel stack outside of building, fire-proof boiler-room; also to construct a pit in the boiler-room floor and to do the necessary excavating, backfilling and concrete work in connection with the installation of the oil tank and its piping. On October 17, 1929, and before the work commenced, appellant and…