Broxholme

Plaintiff, as the assignee of Harold Steinfeld and Andrew Pizzini, brought this action to recover damages claimed to have been occasioned by the breach of an alleged contract to install tiles in a flower-store .at Tucson, Arizona. The store was owned by plaintiff’s assignors, and at the times in question was being remodeled by them. The defense was that though defendants made an offer to install the tiles the offer was revoked prior to its acceptance ; wherefore defendants asserted that no agreement was consummated, and that therefore there was no breach of contract on their part. The trial court found for defendants and entered a judgment in their favor accordingly. Plaintiff appeals from the judgment, claiming that the uncontradicted evidence shows that defendants’ offer was ac cepted and that a valid and binding agreement was consummated. Whether the evidence does show this or not is the sole question in the case.

Steinfeld and Pizzini employed an architect of the name of Bray, whose place of business is at Tucson. Defendants’ place of business is in Los Angeles.' Some time in March, 1919, one of the defendants, J. W. Broxholme, while in Tucson informally submitted to Bray…