Preston

In making an order of transfer to this court we were satisfied that the District Court of Appeal, Third Appellate District, properly reversed the judgment entered for the plaintiff, hut we were unable to agree with all of the reasons advanced by that court in support of its conclusion. The following portion of the opinion prepared by Mr. Justice Pullen, pro tempore, meets with our approval, and is therefore adopted as and for the decision of this court:

“This is an action on a contract, one count being for the breach thereof and the other for goods sold and delivered and for the reasonable value of a certain brick-making machine.

“Appellants were engaged in the manufacture and sale of pressed brick and entered into an agreement with Barn-hart Aircraft, Inc., respondent herein, who agreed to design and construct an automatic brick-making machine capable of producing 25,000 bricks conforming to certain designated specifications in ten or less successive hours. Respondent agreed to deliver the completed machine not later than one year from the date of the agreement; and when it was demonstrated that the machine would make the number, kind and character of brick in the prescribed…