Meyer

In this action plaintiff seeks to recover damages in the sum of $1,345 incurred by defendant’s breach of a contract made with plaintiff’s assignor, wherein the defendant agreed to purchase from the vendor certain machinery at the agreed price of $2,145. Judgment was awarded in the sum of $429, and the plaintiff appeals from the judgment, as well as from an order denying his motion for a new trial.

As both parties assume, in accordance with the record, that there was a contract and that there was a breach thereof by the defendant, the only questions presented on appeal relate to the plaintiff’s claim that the evidence is insufficient to sustain the finding limiting plaintiff’s damages to the amount named in said judgment; and incidentally to the claim that the court erred in receiving certain evidence offered by the defendant concerning the value of the property described in the contract.

After the vendor had, as required by the terms of the contract, shipped the machinery to Chino, California, and the defendant had further confirmed his refusal to accept the same, the vendor made some efforts to sell the property at and in the vicinity of Chino and finally, at a time within two…