Berry Bros. v. Fairbanks, Morse Co.

LEVY, Associate Justice.

The appellees’ cause of action was founded on a written contract alleged to have been entered into between appellants and appellees, by the terms of which the appellees sold to appellants two eight-horse-power portable gasoline engines, to be shipped as soon as it was possible to ship same, for a consideration to be paid when the said engines were put into successful operation by appellee’s erector. It was alleged that the said engines were shipped and consigned to appellants as soon as it was possible to ship same, and were received by the appellants; and there were…