Alex Oil Co. v. Kaplan & Son

*487OPINION.

While counsel appear to be of the opinion that the transaction of the parties with relation to the two boilers may be considered as distinct, yet from the statement above, which is supported by the pleadings and the evidence, we are of the opinion that while it is necessary to consider the rights of the parties with relation to their actions and agreements as to each of the boilers, yet as the evidence does not show that the parties in their agreement as to the replacement by defendant of another boiler instead of the boiler first delivered, adjusted the differences relative to the…