A contract to furnish or to install machinery which is to be constructed in accordance with certain specifications, is held to be performed if the machinery is furnished or installed in accordance with such plans and specifications, without regard to the ability of such machinery to accomplish the work which the purchaser intends that it shall accomplish.1 One who furnishes machinery in accordance with his contract may recover, though owing to the defective working of appliances furnished by the other party the expected result is not obtained.2 One who agrees to furnish and install furnaces,3 elevators in which a larger motor4 or deeper cushions5 than those provided for in the contract should have been specified, a refrigerating machine, though defective because the owner did not furnish a cinder foundation as he had agreed to do,6 or because the specific refrigerating machine contracted for had not sufficient capacity,7 or boilers, though not capable of the pressure desired,8 nor having the heating surface contracted for, if made in exact accordance with specifications,9 or such as marble for slabs,10 and who furnishes exactly what he agreed to furnish, may recover, although the chattel proves unsuitable for the use intended for it by vendee.

18 Poland v. Thomaston Face & Ornamental Brick Co., 100 Me. 133, 60 Atl. 795.

19 Sigworth v. Holcomb (Ia.), 70 N. W. 364.

1 Curwen v. Quill, 165 Mass. 373, 43 N. E. 203; Cashman v. Proctor, 200 Mass. 272, 86 N. E. 284; Gilbox v Merrill, - Vt. - , L. R. A. 1018F, 387, 104 Atl. 10; Thompson Mfg. Co. v. Gunder-son, 106 Wis. 449, 40 L. R. A. 850, 82 N. W. 290.

2 May Mantel Co. v. Blowpipe Co., 93 Ga. 778, 21 S. E. 142. (A pipe furnished by A to carry off dust and shavings from B's machinery, which fails to work because the fan furnished by B and set by A is defective.)

3 Perkins v. Roberge, 69 N. H. 171, 30 Atl. 583; Gantt v. Cox & Sons Co., 109 Pa. St. 208, 48 Atl. 992.

4 Morse v. Puffer, 182 Mass. 423, 65 N. E. 804.

5 Muckle v. Payne, 108 Pa. St. 444, 48 Atl. 413.

6 Dodsworth v. Iron Works, 66 Fed. 483, 13 C. C. A. 552.

7 Gubbins v. Lautenschlager, 74 Fed. 160.

8 Haskin Wood Vulcanizing Co. v. Shipbuilding Co., 94 Va. 439, 26 S. E. 878.

9 City, etc., Ry. v. Basshar, 82 Md. 307, 33 Atl. 635.

10 Evans v. Mfg. Co., 118 Mo. 548, 24 S. W. 175.