Affirmed.
Craven and Converse, for appellant.
‘Where a machine is taken on trial to be paid for if it does work satisfactory to the purchaser, there is no sale if the purchaser is in fact not satisfied with the work done by the machine, although it does work that other persons might deem satisfactory.”
“In such case the purchaser must be dissatisfied in good faith and not pretend to be so on selfish or dishonest grounds.” Garland v. Keller, 15 N. D. 548.
1. If the vendor agreed to furnish an article that shall be satisfactory to the vendee, he constitutes the latter the sole arbiter of his own satisfaction, provided that any dissatisfaction on the part of the vendee must be real and not feigned.
2. A stipulation in a contract of sale, that the article shall be satisfactory, without stating to whom, means that it shall be satisfactory to the vendee. Campbell Printing etc. Co. v. Thorp, 36 Fed. 414; 1 L. R. A. 645; See cases cited in L. R. A. note to above case; McCormick Harvester Co. 33 Minn. 32; 21 N. W. 846.
“In case upon reasonable trial, it did not work satisfactory, it was not necessary for defendant to return it to plaintiff in the absence of an express agreement to that effect. It was sufficient for him, within a reasonable time, to notify plaintiff in substance that it did not work satisfactory, and that he declined to accept it.” Gibson v. Vail, 53 Vt. 476; Doone v. Dunham, 65 Ill. 512; Star v. Torrey, 22 N. J. Law 190; Smalley v. Hendrickson, 29 N. J. Law 371; 2 Benj. Sales (4th Am. ed. Corb’s) § 978, 1348.
“A warranty that an engine will work satisfactorily and develop specified power is a warranty that the engine will work satisfactorily in all respects, and the warranty is not limited to the development of power only.” Houghton Implement Co. v. Vavorosky, 15 N. D. 308.
Geo. Shafer, for respondent.
Birdzell, J. This is an appeal from a judgment in favor of the plaintiff for $1,349.10, and costs, which was entered on the verdict of a jury. The questions involved can most readily be understood by reference to the issues raised by the pleadings and to the facts developed at the trial. The complaint states four causes of action, the first and
