Goodman

On the fourteenth day of December, 1917, defendant, in Kern County, sold for delivery to plaintiff on or about December 17th, eighty-eight head of hogs of an average weight of 210 pounds, for the price of thirteen and one-half cents per pound, on account of the purchase of which and as part payment thereon plaintiff at the time paid to defendant by check on the American Savings Bank at Los Angeles the sum of one thousand dollars, which defendant without objection accepted for the purpose given. At all times plaintiff had sufficient funds to his credit in the bank on which the check was drawn to pay the same. Defendant, however, without presenting or causing it to be presented for payment to the American Savings Bank, where eoneededly it would have been honored, presented it to a bank at Bakersfield, and upon its refusal to pay the money thereon he repudiated the contract of sale and refused to deliver the hogs in accordance with his agreement. Thereupon plaintiff brought this action for breach of the contract, in which the court found that defendant made the contract of sale upon which plaintiff had paid him on account of the purchase price the sum of one thousand dollars, which…