Demateis

On the fifteenth day of April, 1918, the plaintiff, as party of the second part, and the defendant, as party of the first part, entered into a contract in writing which provided “that for and in consideration of the amount of $500, the receipt whereof is hereby acknowledged by the party of the first part,” the party of the first part agreed to sell to the party of the second part, and the party of the second part agreed to buy a specified quantity and quality of grapes at a stated price per ton. “Payments are to be made as follows: The amount of One Thousand Dollars is payable on commencement of cutting and picking of the grapes; balance to be paid, half of the amount of grapes picked payable after same has been delivered, and the other half respectively. Balance due is payable when all the grapes are delivered.” In his complaint, which was filed on the third day of July, 1918, the plaintiff alleged facts showing an attempted rescission of the , contract by the defendant; alleged that the grapes would be ready for picking in the month of August, 1918, and not until then; alleged facts on which he relied as entitling him to specific performance; and demanded a decree of specific…