Hoff

The action was to recover $2,704.73, the balance claimed to be due for a quantity of tomatoes sold by plaintiff to defendant. On February 11, 1918, the parties entered into a written contract providing for the sale and purchase of all the tomatoes to be grown that year by plaintiff and fixing the price at twelve dollars per ton, but the concluding clause of said agreement was: “If Stockton or Sacramento price is more than twelve dollars buyer agrees to pay same advance.” Defendant in its answer claimed that prior to any delivery an oral agreement was entered into under the terms of which the purchase price was changed from twelve to fifteen dollars per ton. This was disputed by plaintiff, and it is admitted by appellant that, as to this issue, the evidence was conflicting, and since the court found in favor of respondent, the finding is binding upon this court. Appellant declares that “this leaves only one question to be determined, which is a construction of the last paragraph in the contract” quoted above, and that the appeal is based upon thr.ee propositions :

It is apparent that the said contract was somewhat uncertain in the reference to “Stockton or Sacramento price.” As…