Los Angeles Gas & Electric Corp. v. Western Gas Const. Co.

This action was brought by Los Angeles Gas & Electric Company, the predecessor in interest and assignor of the plaintiff in error, against the defendant in error, the Western Gas Construction Company, to recover $26,823.45 for the alleged breach of certain warranties of capacity in a contract for the construction of an extended carbureter superheater water gas apparatus, together with the expense of moving the apparatus from the premises of the gas company in the city of Los Angeles, where the latter company was engaged in the manufacture and distribution of illuminating gas.

The construction company was a manufaeturer of gas generating machines, with its factory and principal place of business at Ft. Wayne, Ind. The original contract was made on the 8th of April, 1907, whereby the construction company agreed to' sell and the gas company to purchase the gas apparatus described in the contract and particularly described in the specifications annexed to and made a part thereof ; the purchase price being $35,694, payable in installments as the work progressed. Five months from the date of the contract was the time fixed for its complete installment. It was provided that the machine…