Blasdel

This action was brought to recover the sum of $4,588, alleged to be the balance due from defendant to plaintiff for one hundred “rubber concentrator belts,” manufactured by plaintiff for defendant between January 3, 1893, and December 20, 1893. The defense was that a large number of the said belts were not of good quality, and were not reasonably fit for the purposes for which they were intended. The case was tried by the court without a jury, and, among other things, the court found that sixteen of the belts, “by reason of the inferior quality used in the body of said belts, and the improper manner in which the flanges thereof were molded to the sides or edges thereof, were not fit for the purposes for which they were to be used and were of no value,” but that the other eighty-four belts *605 were all “of good quality and fit for the purposes for which they were intended, and the reasonable value of the material used and labor ‘employed in the manufacture thereof was the sum of $6,862,” of which sum defendant had paid to plaintiff on account $3,600, leaving a balance due to plaintiff from defendant of $3,262, which on March 2, 1894, defendant promised in writing to pay to…