Ahlers

Both parties prosecute appeals in this action. Plaintiffs appeal from the order of the court denying their motion for a new trial and defendants appeal from a like-order denying their motion for a new trial, and also from the-judgment rendered against them.

Plaintiffs were manufacturers of ice in Santa Ana and defendants were retailers of ice. On March 15, 1905, plaintiffs and defendants entered into a written contract whereby the former agreed to sell and the latter agreed to buy and. take from plaintiffs all the ice which defendants might require in supplying their trade for a period of two years at a price per ton stipulated in the contract. On July 24th following, defendants refused to longer buy ice from plaintiffs, but from that date to March 15, 1906, purchased ice from other manufacturers with which they supplied their customers. The action is to recover damages alleged to have been sustained by plaintiffs on account of such alleged breach of the contract.

It appears that some four or five days after defendants! began buying ice from others than plaintiffs the latter instituted an action to enjoin defendants from obtaining ice from such, other parties with which to…