Crowther

In this action plaintiff recovered judgment in the sum of $456.92 upon a complaint based upon the breach of a contract to manufacture .pouring spouts. The appeal is brought here and presented upon the judgment-roll alone.

It is the contention of appellant that the judgment is outside the issues and void, under the authority of Baar v. Smith, 201 Cal. 87 [ 255 Pac. 827 ], and other cases.

The complaint alleged that plaintiff and defendant entered into a contract according to the terms of which the defendant agreed to manufacture for the plaintiff certain Tip Top pouring spouts at a stipulated price in such quantities as the plaintiff might require or designate; that relying upon the contract and upon the promise of the defendant to manufacture the said spouts at the price agreed upon the plaintiff incurred certain expenses especially enumerated in the complaint; that contrary to the terms of said contract the defendant failed, neglected and refused to manufacture or sell to the plaintiff spouts except 5,000 thereof, although the plaintiff informed defendant that a great many more of said spouts were required; that in addition to the expenditures set forth in said complaint,…