Altschul

This is an appeal by defendant from a judgment against him in favor of plaintiffs for the sum of $2,350.

The substance of the complaint was that defendant agreed to sell to plaintiffs, and plaintiffs agreed to buy from defendant, five cars of grapes, to be delivered at a specified time, for the sum of $72.50 per ton, on account of which contract plaintiffs had paid to defendant the sum of $1,000 cash in advance; that to plaintiffs’ damage defendant failed and refused to deliver the grapes in accordance with the terms of the agreement, and also failed to repay to plain tiffs the $1,000 paid hy them to defendant on account of the purchase price.

Appellant’s first point on his appeal is that the court failed to find on all the issues. However, the attention of this court is not directed to any issue upon which it is claimed that there was such failure hy the trial court; nor is reference made to any evidence to support such contention. In such circumstances no duty devolves upon this court to search the record for the purpose of discovering possible error in that regard. Inferentially, however, it appears that the alleged error of which appellant complains in this connection…