Paszamant Company v. Gianvito

This is an appeal by the defendant-appellant from a judgment of "no cause for action on the counterclaim" entered in the First Judicial District Court of the County of Middlesex.

The parties contracted for the installation by plaintiff of conditioning equipment which included a single phase 7 1/2 h.p. motor. The contract contained a provision that the 7 1/2 h.p. motor "can be exchanged for 5 h.p., single phase motor when available." The plaintiff installed the conditioning equipment and demanded the balance of the price payable thereunder. The plaintiff's former sales engineer testified that…