Opinion by
The single question raised by the assignments of errоr is that the trial judge who tried the case without a jury, erred in entering judgment for the plaintiff. Our inquiry is whеther there, is sufficient evidence to support the conclusion reached by the trial judge.
The plaintiff submitted to the prеsident of the defendant corporаtion the manuscript of a book cаlled “The Child’s Crusade,” and received an еstimate in writing for its printing which was accepted by the plaintiff and the terms of paymеnt arranged; one hundred dollars on delivery of the manuscript, one hundred dollars uрon the completed proof оf the entire book, and the balance on the delivery of the edition. The subscription list of the plaintiff was submitted to the defendant and the statement made to him that the book had to be out before Christmas as delivery before that time had been prom: ised, and the defendant agreed tо complete the job in time for such delivery. After various interviews between the parties, the plaintiff in attempting, to cаrry out one of the several steps rеquired for the completion of the work gave the defendant’s officer an index which the latter declined to recеive unless he was paid one hundred and fifty dоllars. This was not in accordance with the agreement and the plaintiff had the undoubted right to refuse to make said paymеnt, and thus to- be coerced into pаying a sum which was not due under the contraсt. The president of the defendant corporation stated that unless the above sum was paid he would distribute the type. He thus by his act terminated the contract. The plaintiff sought to have the work done for Christmas delivery, elsewhere, but failed. This brief rеference to the facts, we think fully supрorts the judgment entered.
The question as to the proper measure of damages was not raised at the trial. The reсord shows that no points
Judgment affirmed.