Dimmick

This is an action to recover damages for the breach of an express warranty of the merchantable char *491 acter of certain dates sold by defendants to plaintiffs and paid for by plaintiffs at the contract price. Judgment went for plaintiffs, from which, and from an order denying a new trial, defendants appeal.

We have considered carefully the oral and written arguments of counsel, and are satisfied that no reversible error was committed by the trial court. There is only one point which we think necessary to be specially noticed; and that is, whether or not the court erred in excluding testimony offered by appellants to show a difference in value between two kinds of dates which are mentioned in a contract between the parties.

On November 29,1890, the parties entered into a written contract as follows:—

This document was signed by appellants and respondents.'

It will be observed that in this contract no distinction is made between Hallowee dates and Sair dates, either as to the price, or as to the quantity of either kind sold j. and if it be true that there is a marked difference in the value of the two kinds of dates, then the case illustrates the carelessness with which…