Schmitz

This is an appeal from a judgment in favor of the respondents-buyers in an action on a contract for the sale of the appellant’s business. The only arguments on appeal are that the trial court erred in excluding certain evidence and in deciding the case before submission.

The record reveals the following: On March 25, 1958, the appellant, by written agreement, contracted to sell his sausage manufacturing business, Prime Sausage Products, together with all furniture, furnishings and equipment, the trade name and good will of the business, and the parcel of real property on which the business was located at 1726 Mission Street in San Franciseo, to the respondents. The contract price was $43,500. The respondents paid this amount and took possession of the premises. The agreement also provided that on the effective date of the sale, an inventory of merchandise would be taken and that the respondents would pay the appellant the wholesale cost of the inventory, in addition to the purchase price.

At the time of the inventory, the parties agreed to the itemized prices thereof and that the additional sum of $1,525.47 was due to the appellant after certain offsets. Inventory was also taken…