Ramish

The facts of this case are fully stated in the opinion of the court found in 90 Cal. 581 , where the judgment and order of the trial court were reversed and the cause remanded for a new trial. A new trial was had, judgment again went for plaintiff, and the case is now before us for the second time. Plaintiff in Los Angeles purchased from defendants in Omaha, a carload of eggs to be delivered in Los Angeles. *677 The eggs arrived in Los Angeles July 8th, but owing, as it is claimed, to the negligence of the defendants, plaintiff was unable to secure possession of them until July 14th. In the mean time the price of eggs dropped, and this action is brought to recover damages upon a failure to deliver on the 8th of July. Upon the question as to the measure of damages, the trial court instructed the jury as follows: “If your verdict be for the plaintiff, you should .then of course estimate the amount of damages, and in estimating the amount of damages, the rule should be the difference between what the eggs cost plaintiff by the terms of the contract and the value of the eggs to him at the time and place when they ought to have been delivered by the terms of the contract. The value to…