Forster

Plaintiffs sued for damages for breach of contract and for the return of money paid by them on the contract. Demurrers to the third amended complaint were sustained, the plaintiffs declined to amend, and judgment went for defendant. The plaintiffs appeal on the judgment-roll.

The complaint was framed to plead four causes of action. The first alleged that the parties entered into a contract whereby the defendant agreed to manufacture 500 natural gas torches according to designs furnished by plaintiffs and upon which they had patents pending; that the parties agreed that the reasonable value of said torches should be $8 each and that defendant should be paid $3.50 for the manufacture of each torch; that plaintiffs paid defendant $500 on account, but that the defendant failed to deliver any torches and refused to return the money paid therefor; that, allowing $1 each for expenses of sale, plaintiffs might contemplate a profit of $3.50 on each torch; and that defendant’s breach caused plaintiffs damages for loss of these anticipated profits in the sum of $1750.

The demurrer to this cause of action was properly sustained because the damages sued for were too speculative and…