Cheda

This appeal is from a judgment in favor of plaintiffs and from an order denying defendants’ motion for a new trial, in an action for damages for the breach of a contract for the sale and purchase of personal property.

The action is based upon a written contract, according to the terms of which the plaintiffs agreed to sell and the defendants agreed to purchase a certain number of cases of cold storage eggs at a fixed price. Deliveries of the eggs were to be made by the plaintiffs in such quantities as the defendants designated. . The contract also provided “that all of these eggs must be drawn by the party of the second part (the defendants) within two months from date, and that the party of the first part (-the plaintiffs) has the privilege to sell at current prices as established by the San Francisco Dairy Produce Exchange, for the account of the party of the second part, any portion of above described merchandise not drawn within the time specified in this agreement, any difference in price to be a charge against the party of the second part.” Time was of the essence of the contract.

Within the time prescribed in said agreement the defendants took delivery of a portion of the…