Rubino

This is an appeal by the buyer from a judgment in favor of the sellers in an action for damages for breach of a written agreement.

Appellant contends that: (1) The evidence was insufficient to support the finding that the parties entered into a contract. (2) The findings of fact based on a common count do not support the conclusions of law or the judgment. (3) The award of damages was improper.

The record reveals the following facts: Respondent, Ebbe Rubino, operated a combination toy, phonograph, stationery and jewelry store known as Rubino’s Appliance, which she owned with her husband, the respondent, James Rubino. Respondents’ store was in the city of Gilroy, about one-half block from a sporting goods store known as Jim’s Sport Shop, owned and operated by the appellant.

Early in 1956, Mrs. Rubino asked the appellant if he was interested in buying her business. The appellant refused. In November 1956, the parties held preliminary discussions about the sale of the respondents’ business. The appellant indicated that he was interested in some of the stock carried by the respondents ; the respondents indicated that they were not interested in selling the business until after the…