Gerwin

Plaintiff brought an action seeking specific performance and damages for breach of an alleged contract for the sale from defendant to plaintiff of certain restaurant and bar equipment. Following a nonjury trial the court found in favor of plaintiff and entered judgment which, (1) decreed specific performance, or, in the event defendant fails or is unable to deliver the property, ordered payment of damages in the sum of $15,000 in lieu of specific performance, and (2) awarded plaintiff consequential damages for loss of anticipated profits in the sum of $20,000. Defendant appeals from the judgment.

Defendant, in essence, poses three basic issues: (1) sufficiency of the evidence to support the findings justifying the conclusion that a contract was entered into, (2) sufficiency of the evidence to support the award of damages in lieu of specific performance, and (3) validity of the award of consequential damages.

' Where an attack is made on the sufficiency of the evidence to sup port findings, it is axiomatic that a reviewing court must view the evidence in a manner most favorable to the party prevailing below. ( Waller v. Southern Pacific Co., 66 Cal.2d 201, 204 [ 57…