Yocum

This is an appeal from a judgment for recovery of money as damages. It is presented on the judgment-roll alone.

The e action grew out of a transaction had between plaintiff and defendant whereby the defendant contracted to purchase certain real property belonging to the plaintiff. An agreement to effect such sale was duly made, but defendant defaulted in the performance of the conditions required of her as to the payment of the purchase price, and plaintiff then brought this action for damages. In the complaint facts were first alleged showing that damage had been suffered which would fall within the measure established by section 3307 of the Civil Code. It was particularly alleged further that certain special damages have been sustained. At the trial, as the findings disclose, all claim to the general damages was waived, and the court found that special damages had been sustained as to two matters: First, that plaintiff had been compelled to pay a ditch tax incident to the ownership of the land “without using said irrigation ditch,” and that because plaintiff had been unable to plant a crop of barley until the growing season had advanced too far, further damage had been suffered…