PLEADING:—GOODS SOLD AND DELIVERED-DENIAL Of DELIVERY OF “ALL” of Materials.—In an action for goods sold and delivered a denial of an allegation in the complaint that the plaintiff delivered “all” of the materials sued for is insufficient and is equivalent to an admission that substantially all were delivered.

Td.—Materials Furnished for Buildings—Findings—Specifications Not Agreed to Be Furnished.—In an action to recover for certain building material sold and delivered, to be used in certain build ings to be erected by the defendant according to plans and drawings prepared by the plaintiff, the findings that the plaintiff did not agree .to furnish specifications for the buildings, and that the plans and drawings furnished were approved by the defendant, are held to be supported by the evidence.

Id.—Time for Delivery—Reasonable Time—Findings.:—Upon a review of the evidence it is held, that the plaintiff did not agree to deliver the materials in question at any stated time, and that an intimation contained in one of its letters, during the negotiations of the parties respecting the work, as to the length of time it would take to furnish them, was a mere estimate and not a promise to deliver within such time; and that as no time was expressed, the plaintiff had a reasonable time to make the deliveries.

Id.—Warranty op Carrying Capacity op Floors—Evidence.—The finding that there was no contract or warranty by the plaintiff that the floors of the building in question would bear any specified weight is held to be supported by' the evidence, which. showed, in effect, that the general plans sent to the plaintiff by the defendant, who for many years had been engaged in heavy steel manufacture and professed to do the work of engineers therein, although they had marked thereon the weights to be carried on the floors, gave the sizes of the supporting beams for the floors, and beams of those sizes were furnished.

Id.—Breach op Entire Contract—Action for Reasonable Value op Goods Delivered.—One who has failed to perform a substantial and material part of an entire contract to erect a building or to sell property for a price to be paid when he has fully performed his obligation, cannot maintain an action technically on the contract for the price, but he may in a proper action recover the reasonable value of the goods delivered to and retained by the buyer.

Id.—Action for Price—Immaterial Variations prom Contract—Deductions por Defects.—If the plaintiff suing for the value or the price, has endeavored in good faith to perform his part of the agreement, and has substantially performed, but there are unimportant defects arising from accident or inadvertence, and which do not defeat or materially change the object of the contract, he may recover the price, less the damage caused by the defects.