Johns

This is an appeal by the defendant from a judgment in plaintiff’s favor and from an order denying a new trial.

The action was brought to recover damages for the alleged breach by the defendant of an agreement in writing between the plaintiff’s assignors and the defendant, by the terms of which the former were to pick, cut, and spread upon trays for drying the apricot crop of the latter for the season of 1914, and for the agreed price of $8 per green ton. The plaintiff alleges that after about a week spent in the work of picking and" preparing for drying of the crop, the assignors were, without cause, discharged by the defendant, and prevented from completing their contract, and he therefore sues on their behalf for the balance due for so much of the crop as they had gathered prior to their discharge at the agreed price therefor per ton. The defendant in his answer denied the allegations of the plaintiff's complaint relative to the discharge, and also pleaded a counterclaim for the alleged loss he had sustained by reason of the insufficient manner in which the plaintiff’s assignors had essayed to perform their contract, and by reason of their abandonment thereof before its…