Martin

Plaintiff sued to recover damages alleged to have been caused by the defendant’s breach of contract to exchange twenty acres of land in Tulare County, together with farming implements and three horses, for plaintiff’s cottage and two flats in Berkeley. Judgment was rendered in favor of the defendant and the plaintiff appeals therefrom.

The complaint alleges the execution of the contract on August 15, 1917, performance by the plaintiff and tender of deeds to the Berkeley properties, and that the defendant, “without any just reason or excuse,” refused to make the exchange. The complaint further averred that the clear value of the Berkeley property was $4,500 and that of the Tulare property $9,500, and prayed for damages in the sum of $5,000, the difference in value. No other damages were claimed. The defendant admits the making of the contract and its breach, but denies that he refused to make the exchange “without just reason or excuse.” He admits that the value of the Tulare property was $4,000 more than that of the Berkeley property. The court found the difference in value between the two properties to te $4,000; that the defendant refused to make the exchange, •but that his…