Jakovich

The plaintiffs commenced an action against the defendants to recover damages for an alleged breach of contract. The ease was tried in the trial court without a jury. Judgment was rendered in behalf of the defendants and the plaintiffs have appealed under section 953a of the Code of Civil Procedure.

In their complaint the plaintiffs pleaded the contract. That instrument consisted of two papers as follows:

The plaintiffs also pleaded that they had done and performed all conditions by them to be performed except that portion of the contract which reads as follows: “The buyer shall further furnish the seller with an irrevocable bank letter of credit to the amount of $21,500 within ten days from date of contract, payable against shipping documents at sight, and good 'until December 1, 1920.” As to that passage the plaintiffs inserted in their pleading a statement that said condition had not been performed by them and thereupon they allege (1) certain acts as constituting fraud; (2) certain acts as constituting an equitable estoppel, and (3) certain acts as constituting a waiver. These excuses were pleaded in paragraphs 6, 7, 8, 9 and 10 of the complaint. The answer of the defendants…