Grosse

In this action the plaintiff sued to recover the sum of forty thousand dollars as damages for the breach of a contract. Upon the verdict of a jury judgment was entered in plaintiff’s favor in the sum of three thousand five hundred dollars. The appeal is from the judgment, and from an order denying a new trial.

Briefly stated the facts are these: The defendants were engaged in the business of manufacturing soap. The plaintiff was a soap expert and salesman, and for many years prior to the making of the contract in suit had been a successful dealer in soap and the Pacific Coast agent for soap manufacturers. Plaintiff was possessed of a secret formula for the manufacture of soap, containing an ingredient claimed by him to possess peculiar cleansing qualities, and the especial excellence of soap manufactured in accordance with his formula had been successfully demonstrated. Plaintiff entered into a contract with the defendants for the manufacture at a stipulated price of a laundry soap, to be known as Wil-Gro soap, which was “to be a high extra number one soap same quality as Pioneer Soap Company’s (defendant) Medallion soap,”— weighing from 5% to 7 ounces per bar when cured, and…