Puget Sound Machinery Depot v. Rigby

The opinion of the court was delivered by

Hoyt, C. J.

This action was brought to recover damages alleged to have been occasionéd by the re*265fusal of tlie defendants to accept and pay for a mining and pumping plant, which it was alleged they had employed the plaintiff to make and furnish for them. Upon the close of plaintiff’s case, a motion for non-suit was interposed by the defendants and granted by the court.

The only ground upon which it is claimed by the respondents that this action of the court can be sustained is that the proofs showed that the contract in question was one for the sale of…