Brenner

Plaintiff brought an action on contract to recover an alleged balance due of $700. Upon trial by the court sitting without a jury, judgment was entered in favor of plaintiff for the sum of $50, from which judgment plaintiff appeals.

The contract was evidenced by a proposition contained in a letter written by plaintiff to defendant dated October 1, 1926, which proposition was accepted by defendant by indorsement of said letter. Plaintiff thereby agreed to furnish “thirty fence signs of various sizes in and around Oakland, Alameda and neighboring sections” at an annual price of $40 each, or a total sum of $1200 per annum payable in installments of $100' per month. The following clause is found in the letter: “The period of time over which this deal extends is to cover three years from date providing locations and painting work is satisfactory to yourselves.” This letter and supplemental letters dealt with contingencies such as signs being destroyed and fences being pulled down. Considerable dissatisfaction and controversy arose during the first year covered by the contract. Defendant made various complaints, including complaints of signs being painted out by others, of signs being…