Jackson v. Porter Land and Water Co.

This action was brought to recover the •contract price for furnishing and erecting pumping machinery.

The trial court found that the parties entered into a contract on June 2, 1902, whereby plaintiff was to erect on the premises of defendant a pumping plant consisting of a thirty-five actual horsepower Olds distillate engine with a 110-gallon oil tank, together with a horizontal centrifugal pump of a capacity to elevate three hundred and fifty inches of water twenty-four feet high; said plant and all connections to be first-class and connected with defendant’s fifteen wells; the plant to be completed within thirty days and ..guaranteed to perform the work as specified, the purchase price being $3,250; the time provided in the agreement for installing the pumping plant was waived by the defendant; that plaintiff performed all the conditions of the agreement •except' that he did not erect or furnish a thirty-five actual .horsepower engine as provided in the contract, but, on the ■contrary, the engine erected by plaintiff on said premises .and as part of said pumping plant was materially less than thirty-five horsepower; that said engine was not capable of providing the necessary…