Steel Tank & Pipe Co. v. Pacific Fire Extinguisher Co.

Action for goods sold and delivered and services performed.

The material facts are contained in the findings of the trial court which show in substance as follows: That a certain partnership made and entered into an agreement in writing with the defendant wherein and whereby the co-partners undertook and agreed to furnish to defendant a steel tank of certain agreed size and specifications for the sum of $1,380, and to deliver the same on top of a certain one-story building in the city of Fresno, the building to be thereafter designated by defendant. At the time of so contracting the partners did not know the name or location of the building upon which the tank was to be erected, or who was the owner thereof, nor were they conversant with labor conditions in Fresno as was the defendant. Defendant knew that the copartners were engaged in business and operated and maintained their works with nonunion labor. Pursuant to the contract defendant thereafter designated a certain building, known as the “Wonder Store,” in the city of Fresno, upon which building it had independently contracted with the owner to install a sprinkling system, and of which said installation the tank to be…