Cassriel

is an appeal from a judgment in favor of plaintiff awarding him damages for breach of an agreement dated October 15, 1918, to sell personal property. The agreement, which was in writing, read as follows: “Beceived of E. A. Webb, the sum of $50.00, as first payment on the purchase price of all fixtures, furnishings, safe, show cases, stationery, merchandise and other articles in or belonging to the Coalinga Jewelry store, as owned and oper ated by me at 237 N. 5th Street, Coalinga, California. I agree to sell to the said E. A. Webb, or Ms assigns the fixtures consisting of 1 safe, 1 cash register, counter, 8 show cases, 1 Fountain pen case, 2 show windows, a small silver show ease, 2 oak wall cases, 2 pine wall cases, 3 tables, scales, &c for the consideration of $1000.00 to be paid with and in conjunction with the balance of the purchase price as stated below: I agree to sell Mm or assigns, all the stock of merchandise, consisting of stationery, stationer’s supplies, jewelry and all other stock in said business &c. at its invoice cost price, less a discount of 15% from said invoice price, upon the following terms, to wit: The above sum of $50.00 as credited on all the purchase-…