Drabkin

plaintiffs brought suit to recover the agreed price of carpets and furnishings supplied for use in a mortuary at Angels Camp. The complaint contains two counts. The first cause of action is founded on an alleged book account. The second is for the value of the goods. The carpets were defective in that they were not large enough to cover the floors. The defendants refused to permit plaintiffs to piece the carpets, and insisted that several entire new strips of carpet should be supplied. This was not done and the defendants refused to accept the carpets and ordered other carpets and furnishings from another firm.

The defendants denied the material allegations of the complaint and filed a counterclaim for damages for delay in fulfilling the contract. Findings were adopted favorable to the defendants in every respect. Judgment was rendered for the defendants for damages in the sum of $123.50, and costs, and it was adjudged that the plaintiffs take nothing by their action. From that judgment this appeal was perfected.

It is contended the findings and judgment are not supported by the evidence, chiefly because insufficient time was allowed the plaintiffs in which to repair the…