Willson

Appeal from a judgment for the plaintiff, with bill of exceptions bringing up the evidence. The suit was brought for damages for breach of a contract, by the terms of which plaintiff agreed to sell to defendant, to be delivered at defendant’s packing-house at Portersville, a cer tain crop of navel and seedling oranges for the price of $1 per packed box for the latter, and for the former, for oranges delivered up to and including November 10, 1900, $1.75 per packed box, and for oranges thereafter delivered, $1.50. The defendant received and paid for a portion of the crop, but refused to receive the balance.

The allegations of the complaint as to damages are in effect : That by reason of the breach of said agreement by defendant plaintiff was compelled to sell the remainder of his crop in the open market, exercising therein due and reasonable diligence and obtaining therefor as much as he could under the market prices and prevailing conditions; that the amount received therefor was $648.81; and that the difference between the agreed price and the amount received by plaintiff was the sum of $740.19, etc.

The findings of the court are in effect: That upon the refusal by the…