Skarda

Defendants appeal from a judgment in favor of the plaintiff in an action to recover an alleged indebtedness for materials furnished and labor performed by the plaintiff for the defendants.

Plaintiff’s amended complaint alleged three causes of action, each for an identical amount of $5,471.96: (1) open book account; (2) general assumpsit; and, (3) account stated. Defendants cross-complained for damages in the sum of $1,192 proximately resulting from plaintiff’s breach of warranty to manufacture certain vibrators free from defects of material and workmanship.

The plaintiff owns and operates a machine shop. The defendants are engaged in the business of leasing concrete vibrators. In August, 1954, pursuant to a written agreement, the defendants ordered and the plaintiff manufactured vibrators according to plans and specifications provided by the defendants. Similar orders thereafter followed. In October, 1955, the plaintiff was engaged in filling the third purchase order for 30 vibrators at $500 each when a question arose as to whether 15 upper “headers” and 16 lower “headers” were of the requisite hardness. A “header” is one of the parts of such vibrator. It was decided to have the…