Ketelhut

Plaintiff commenced an action against the defendants to recover moneys alleged to be due. The defendants appeared and tiled an answer, a counterclaim and a cross-complaint. The plaintiff answered the cross-complaint, and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from a judgment entered thereon the defendants have appealed under section 953a of the Code of Civil Procedure.

In points 1, 2, 3, 6 and 7 the defendants cite portions of the record which, they claim, would have justified a verdict in their favor. Conceding this claim in its entirety, it must also be conceded that there was evidence which supported the verdict. Under these circumstances a court of review may not disturb the verdict.

On the fifteenth day of June, 1925, the plaintiff as vendor and the defendants as vendees entered into a formal written contract by the terms of which the plaintiff agreed to sell and the defendants agreed to buy a bakery in the city of Richmond, Contra Costa County. By the terms of that instrument the sales price was fixed at $12,500. That amount was payable $1,000 on the execution of the agreement, $4,000 not later…