Salisbury

This is an action for damages for breach of contract. The cause was tried before a jury and verdict for $3,231, the full sum demanded in the complaint, was returned in favor of the plaintiff and judgment was entered accordingly. Thereafter the defendant moved for a new trial and pending the determination thereof the trial judge reduced the judgment to the sum of $2,110. This remission was accepted by the plaintiff, the motion for a new trial was denied, and judgment for the reduced sum was accordingly entered. From this judgment the defendant appeals under the provisions of section 953a of the Code of Civil Procedure.

On this appeal four assignments of error are made as follows: (1) Excessive damages appearing to have been given under the influence of passion and prejudice; (2) Insufficiency of the evidence to justify the verdict and judgment; (3) That the verdict is against law; and (4) Error in law occurring at the trial and excepted to by the defendant.

The second assignment of error, that relating to the insufficiency of the evidence, is submitted to us by the appellant on the mere statement that “it is self-evident that the competent evidence in the record is insufficient…