Waverly Paper Mills v. Bristol — 2 Thomp. & Cook 662

Majority

p. 662

Waverly Paper Mills, appellant v. Bristol et al.

Headnote

Contract —power of steam engine.

Defendants agreed to furnish a steam engine which would- run certain machinery in a mill. Held, that if the engine was a fair and merchantable one and did the work agreed to be done, it was sufficient; and such engine need not stand the test of an indicator placed upon it for the purpose of showing its power.

J. 2f. Dexter, for appellant.

Charles D. Parlcer, for respondent.

Appeal from a judgment entered upon the report of a referee, in an action for an alleged breach of contract by defendants, to furnish plaintiff a steam engine, etc., sufficient to run the machinery in plaintiff’s paper mill.

The main point at issue was -the terms of the contract concerning which the evidence was conflicting. The judgment was affirmed, upon the ground that there was no such preponderance of testimony as would justify the reversal of the finding of the referee.

Judgment affirmed.