Duff

This is an action brought to recover the price of certain pumps and pumping machinery furnished defendant by-plaintiff. The claim of plaintiff amounted to $6,580.48, being for three pumps at an agreed aggregate price of $6,400 and certain other articles, less $1,200 paid in cash on November 28, 1906, and $164.40 in merchandise, or $5,216.08, for which last-named sum with $803.76 interest judgment was awarded plaintiff. Defendant appeals from the judgment and from an order denying his motion for a new trial.

The controversy on the trial was as to the pumps, and principally as to the first two pumps furnished, defendant claiming to have been damaged in a large amount by reason of the nondelivery of such pumps at the time originally agreed on, and by reason of the alleged fact that such pumps did not show a mechanical efficiency to the extent guaranteed.

The agreement for the first two pumps was made about January 31, 1906. It consisted of a written proposition by plaintiff, accepted by defendant. It was for two ten-inch special Jackson vertical centrifugal pumps, with necessary fittings, at an agreed price of four thousand dollars, to be constructed, delivered, and installed on or…