Malter

Action on contract for sale and purchase . of certain raisins. The cause was tried by a jury, and plaintiff had the verdict. Defendant appeals from the order denying its motion for a new trial. Defendant interposed a general demurrer to the complaint, which was overruled, and it objected to any evidence in support of the complaint, on the ground that it failed to state a cause of action, and on the further ground that the contract is too uncertain and ambiguous to found an action thereon, and that it does not appear what crop, if any, was to be sold, nor is there any allegation in the complaint from which that fact can be determined. The objection was overruled and exception reserved.

It is alleged in the complaint that the parties executed the following agreement on the day of its date:

That under said agreement defendant entered upon the vineyard specified in the contract as the Malcolmson vineyard, and did pick and dry 43 909/2000 tons of raisins, and by virtue of said agreement there became due plaintiff the sum of $2,174.08. It is alleged that plaintiff “has fully performed all the terms and conditions of said agreement to be by him kept and performed, ’ ’ and that…