May

The trial court awarded a judgment against the defendant corporation based on a breach of contract to deliver four carloads of grapes which the plaintiff alleged he had bought from the defendant. From that judgment the defendant has appealed and has brought up the judgment-roll. The appellant attacks the manner in which the judgment was made up and also the amount of the judgment. We think that the attack is well founded and that the judgment must be reversed.

In his complaint the plaintiff alleged that he bought from the defendant four carloads of Zinfandel grapes at $110 per ton and that he paid down $1,000 and agreed to-pay the balance of said purchase price on delivery of said grapes. The record does not disclose how many tons constituted a carload, nor what was the total amount of the purchase price.

The trial court made findings as follows:

The plaintiff evidently omitted to carefully read the statute before framing his complaint and thereafter allowed the trial court to frame its findings carrying out the same error. The statute defining the measure of damages to be followed in such a case is, “The detriment caused by the breach of a seller’s agreement to deliver…