Fountain v. Hagan Gas Engine & Manufacturing Co.

1. The defendant sold to the plaintiff, under a written contract, an engine, pump, tank; “electric outfit,” certain piping, and a grinder and boiler. In the contract it was provided that “the material and workmanship of the above is guaranteed to be good, and the engine when installed and run according to your [the seller’s] instructions shall develop the horse-power named above; this guarantee is good for six months, but does not apply to batteries.” The purchaser afterward sued the seller, alleging that the latter had sold to him a storage-battery, claiming that it had a capacity of fifteen…