Gibbs

— The parties to this action entered into the following contract: —

The complaint alleges the making of the contract; that the defendant, after the execution of said contract, made satisfactory arrangements with the proprietors and publishers of all of the San Francisco papers; that he failed and refused to comply with the terms of the contract, and refused to pay the money or execute the note provided for therein. It is also further alleged “that after the said defendant refused to perform his said contract, as aforesaid, and refused to accept the said property and business, as aforesaid, or to pay therefor, or to deliver his promissory note, as by him agreed, and to accept the said bill of sale, as aforesaid, the plaintiff, on the -day of July, advertised the said property and business described in said contract, by publication in the San Francisco daily Chronicle, and offered the same for sale, and after such publication and notice and advertisement, one J. B. Jewell offered to purchase the same and pay therefor the sum of $2,250; that before selling the same to other parties than the defendant, the plaintiff notified the defendant of his, plaintiff’s, intention to sell the…