Tracy

Appeal from order denying defendant’s motion for a new trial.

Defendant entered into a contract in May, 1900, with A. C. Bilieki & Co., whereby defendant agreed to furnish and *325 install an electric light plant in the basement of the Hollenbeck Hotel, in the city of Los Angeles; said electric light plant to consist of a dynamo of a specified description, and an engine known as a “Shepard cross-compound, vertical noncondensing engine.” Defendant, in order to carry out its contract with Bilieki & Co., entered into a contract with the Tracy Engineering Company, a copartnership (assignor of plaintiff), whereby the Tracy Engineering Company agreed to furnish the engine, and install both the engine and dynamo, which was furnished by defendant, in the Hollenbeck Hotel for a stipulated price. The contract between the defendant and the Tracy Engineering Company contained various stipulations concerning the engine, and among other things the following guaranty, to wit: “The party of the second part guarantees the material and workmanship entering into the construction of engine for one year, and any defects or flaws developing within the said one year from date of acceptance will be made…