Willard

Plaintiff is engaged in the business of manufacturing engines and other machinery in Chicago, Illinois, and the defendants are copartners doing business in San Francisco. Plaintiff brought this action to recover a balance upon book account, and also the amount of a promis *731 sory note, due him from defendants for goods sold. There was no contest as to these claims, hut defendants, by way of counterclaim, alleged, in substance, that prior to 1887 they purchased from plaintiff several “Davey Safety Engines”—one of four-horse power, for $430; four of two-horse power, for $255 each; and one of one-horse power, for $191.25—and paid for said engines $1,551.25; that they proved unsalable, and on April 27, 1887, defendants wrote plaintiff that these engines were “dead stock”; that they had sold but two, leaving on hand one four-horse power, three two-horse power, and one one-horse power; that they had ordered these engines relying on plaintiff’s representations, and that the engines had not come up to them; and asking for a proposition under which they might return them; that plaintiff thereupon agreed by letter that if defendants would have the engines boxed and returned to him,…