Baldwin

This action was brought by plaintiff to recover damages for breach of a contract for sale of wines by plaintiff to defendant. The ease was tried with a jury, and a verdict returned for plaintiff in the sum of $3,997.17, upon which judgment was entered. Defendant made a motion-for a new trial upon the grounds of insufficiency of the evidence to justify the verdict; that the verdict is against law,, and errors of law occurring at the trial and excepted to by the defendant. The court granted the motion in genera'.' terms.

All presumptions are in favor of the order made by ihetrial court, and an order granting a new trial will be affirmed, here if it is found to be justified upon any statutory ground included in the notice of intention and properly in the record. This court will examine the entire record upon which the-order was based, and if there be found in the record any error which would have justified the court in making the-order it will be affirmed. (Kauffman v. Maier, 94 Cal. 276 , [ 29 Pac. 481 ]; Churchill v. Flournoy, 127 Cal. 362 , [ 59 Pac. 791 ].) One of the grounds of the motion was the insufficiency of the evidence to justify the verdict, and in such ease the-motion…