Groobman

Appellant, who was plaintiff and cross-defendant below, in April, 1928, made with' respondent a contract to purchase from respondent walnuts to be grown during that season. The terms of this contract are somewhat uncertain, and this uncertainty, it would seem, was one of the causes leading to this controversy. Appellant in his complaint alleged a breach of this contract by respondent in that respondent had delivered walnuts of inferior quality and further, that respondent had delivered only seven and one-half tons of walnuts while he had contracted to deliver fifty tons. Respondent answered and denied all material allegations of the complaint. Respondent also filed a cross-complaint demanding payment for the seven and one-half tons of walnuts delivered to appellant. Upon the issues thus joined a trial was had, the court found that respondent was entitled to recover for the walnuts delivered to appellant, but allowed appellant damages for respondent’s failure to deliver some four and one-half tons of walnuts which he should have delivered under the terms of the contract. From the judgment entered upon these findings this appeal is taken.

Appellant’s specifications of error attack…