Brett

In this action plaintiff, assignee of the purchaser, sought damages for the alleged breach by the seller -of a contract for the sale of a crop of beans. Judgment was entered for the defendant, and the plaintiff appeals, on the judgment-roll alone.

The reciprocal rights of the respective parties are to be determined by the construction to be placed on the contract contained in a letter written by the defendant corporation to the plaintiff’s assignor, A. G. Martin & Son, under date of February 23, 1916, the material parts of which (address and signature omitted) are as follows:

“This is to confirm our understanding of the conversation between Mr. Williamson, myself and your firm on February 17th. You are to purchase from the association the crop grown on 650 acres planted to Henderson bush lima beans not in excess of eight sacks to the acre at $4.85 per ewt. f. o. b. Owensmouth. Delivery to be made and the beans be accepted within thirty days after threshing.

“We also are to give you the preference for the purchase of the balance of the association’s members crop of Henderson bush lima beans, other things being equal, and you are to exercise this option within ten days after…