Pray

From a judgment based upon a verdict awarding plaintiffs (the sellers) the price of five carloads of lumber, defendant (the buyer) appeals, claiming (1) that, as title to the lumber did not pass, the verdict erroneously awarded the contract price in accordance with section 3310 of the Civil Code instead of the excess of the contract price over either the net proceeds of resale or the value to the seller, as specified in section 3311 of the same code, and (2) that the verdict lacks the certainty or definiteness required by section 626 of the Code of Civil Procedure. The complaint, in the first count, alleges that the -parties entered into a written agreement for the sale of “six carloads of lumber'of 6/4 No. 2 pine box rough lumber at the price of $25 per M feet, f. o. b., car Los Angeles, terms usual”; that “in accordance with the custom of the lumber business” and the terms of the agreement, plaintiffs delivered to defendant six carloads of lumber of the quality and quantity and at the times and place specified in the agreement; that plaintiffs have fully performed said agreement and defendant has paid for one carload and refuses to pay for the other five to plaintiffs’ damage in…