Young

The jury returned a verdict in favor of defendants and judgment was entered accordingly. Plaintiff moved for a new trial, which was denied. This appeal is from the judgment. Plaintiff is the assignee of Lewis Simas Jones Company. For convenience, the company will be hereinafter referred to as plaintiff. The action is for damages alleged to have resulted from defendants’ breach of the following contract:

By mutual consent of the parties, the words “Eldorado meal” were later substituted in the order for the words “copra meal.” September 6, 1920, Rocha wrote plaintiff: “I . . . ask you to send me a car on the first of October and the other car on the first of December. ’ ’ September 8th plaintiff wrote in reply: “We have your letter of September 6, and in accordance with your instructions will ship you a 30 ton car of Eldorado Cocoanut Meal about the 1st of October, and a 30 ton car about the 1st of December.” In anticipation of receipt of the car of meal at the time ordered, the Farmers Store sold a car of Eldorado meal to one of its customers to be delivered October 1st. October 4th this customer canceled the order because the meal was not delivered to him at the time ordered.…