Rossi

This is an action to recover a balance of eight hundred dollars, alleged to be due the plaintiff under a certain contract, made and entered into between the said plaintiff, carrying on business under the name of A. Rossi & Co., in the city of San Francisco, and the defendant.

The trial was had before the court without a jury, and judgment was awarded the plaintiff in the sum of $561.09 and costs of suit.

This appeal is by the defendant from the judgment under ' the alternative method of taking such appeals. (Code Civ. Proc., secs. 941a, 941b, 941c.)

The defendant, as indicated by the entitlement of this cause, is a corporation, engaged in the manufacture of wine in the county of Napa, this state.

The contract referred to and out of which this controversy grows was consummated through written correspondence between the plaintiff and the defendant, the former, insofar as the pleadings disclose, first addressing to George De Latour, the president and manager of the defendant, the following letter, dated at the city of San Francisco, on August 19, 1909:

To the foregoing letter, the defendant, by De Latour, replied as follows:

The plaintiff did not complete the delivery and…