Ramish

— It is alleged in the complaint that on or about June 25, 1888, the defendants agreed to deliver to plaintiff, at Los Angeles, 12,000 dozen of eggs for the sum of $1,770, as soon as the same could be transported by rail from Omaha, Nebraska; that the eggs arrived at Los Angeles on July 8, 1888, but defendants did not deliver them to plaintiff until July 14th, although he was ready and willing at all times on and after the 8th to receive and pay for them; that by reason of the failure of defendants to deliver the eggs to plaintiff upon their arrival at Los Angeles, he sustained damages to the amount of $600. The defendants filed an answer denying each and every allegation. Judgment was entered on a verdict in favor of plaintiff for six hundred dollars, and defendants have appealed.

It will be seen .from this statement of plaintiff’s cause of action that his claim is based upon the facts that *582 .defendants failed to deliver the eggs before July 14th, although they actually arrived at Los Angeles on the 8th, and that between these dates the price of eggs had depreciated, incurring a loss to him of six hundred dollars on the lot. In his testimony, plaintiff stated that the market…