Nishkian

This is an action to recover money due on contract. The cause was tried before a jury, and upon a general verdict for the plaintiff for $840, judgment for such sum was entered against the defendants. From such judgment and an order denying their motion for a new trial, defendants appeal.

It appears from the complaint that the plaintiff and defendant Chisholm entered into a contract by the terms of which plaintiff was to plow and harrow forty acres of land in a manner particularly specified, and plant the same to “good, sound, healthy, rooted Zinfandel vines, in an efficient and workmanlike manner, and in rows eight feet apart, straight and parallel with each other in all directions; and the vines equidistant eight feet.” Under the terms of the original contract, the planting was to be commenced on March 1, 1902, and completed within five days. Plaintiff, however, alleges that the contract was subsequently modified by mutual consent so as to permit and authorize him to commence planting on March 18,-1902, or thereabouts. The contract price was $10 per thousand for vines planted, $8 per acre for plowing and harrowing, $150 as a general payment, and $16 for each additional time the…