Industrial Heating & Engineering Co. v. Austin

On December 6, 1921, the plaintiff contracted in writing with the defendant to furnish and install for $900 a complete steam-heating system in defendant’s garage, excepting that defendant was to provide a suitable smokestack for the boiler. The contract had the following provision: “Office to be heated to 70° and garage to 50° at 10° below zero.” The system failed to function as agreed, and plaintiff claimed that was due to the insufficiency oí the stack. On April 24, 1923, in a supplemental written *369agreement'the defendant agreed to pay to plaintiff an unpaid balance of $175 and $25…