Aschenberg v. Mundy

The opinion of the court was delivered by

Trenohard, J.

This is an appeal from a judgment in favor of the plaintiffs in the District Court of Perth Amboy.

The action was brought to recover the balance of the contract price of a gasoline engine, and was heard by the judge, without a jury.

The appellants insist that the judgment for the plaintiffs was not justified by the evidence.

There was testimony tending to show that, by the terms of the contract, the purchase price was to be paid on “the completion of the engine;” that the engine was completed by the plaintiffs and delivered by them to the…