Tozzi

This is an .appeal from a judgment of the district court holding that appellant had breached an agreement of April 1, 1940, with appellee to sell appellee 10,851 sacks of potatoes f. o. b. cars at Klamath Falls, Oregon, at $1.45 per sack, and awarding damages for the $2,500 paid appellant on account and an additional amount of $2,471.56 for the value of the potatoes over the agreed sales price on April 6, 1940, the day of the breach.

The parties agree that the $2,500 portion of the damages was properly adjudged. The sole question here is whether the evidence supports the award of damages of $2,471.56 for the increased value over the agreed price of the 10,851 bags on April 6, 1940 — that is, an increased value of 22.7-plus cents per bag over the agreed $1.45. The district court found the awarded amount was not in excess of the market price on the date of the breach.

There is evidence that appellee before April 6 received a bona-fide offer of $2 per sack for a contract sale of a May delivery f. o. b. Klamath Falls, Oregon, with an intervening storage charge of a maximum of 20‡ per sack.

It is also admitted that .appellant sold the 10,851 sacks for their additional 22.7-plus…