Alvernaz

The above action was brought to recover for the alleged breach of a contract to purchase all the green and ripe tomatoes grown by plaintiff on 30 acres of land.

The plaintiff was referred to in the contract as the grower, and defendant corporation as the buyer and shipper.

The action was tried before a jury, which returned a verdict for the plaintiff in the sum of $1600.50, and defendant has appealed from the judgment entered thereon. As grounds therefor it is claimed that there was no evidenec of a breach of contract and that the verdict for damages is unsupported. Appellant also complains of certain rulings and instructions by the trial court and alleges that plaintiff’s counsel were guilty of prejudicial misconduct.

Under the contract—which was executed on January 30, 1930—plaintiff agreed to plant the land mentioned with tomatoes during that year, and the instrument, among other provisions, contained the following:

The complaint alleged that during the months of August, September and October, 1930, defendant refused to accept of the crop 140 tons of ripe tomatoes, the growing price for which set by the canners was $15 per ton, and that plaintiff in an effort to minimize…