35 P. 566 | Cal. | 1894
This is an action to recover damages for an alleged breach of contract by the .appellants. The case was tried by the court without a jury, and judgment was entered against appellants for the sum of $700 and costs, from which, and from an order denying their motion for a new trial, they appeal. The facts are substantially as follows: The respondent, being the owner of a certain mining claim, known as the “Todd Mine,” entered into a written contract with the appellants, by which, in consideration of the covenants and agreements to be performed on their part, he agreed to convey to them the property within four months for the sum of $6,000;
Counsel for appellants say in their brief “that the only question to be considered is whether, under the facts and circumstances disclosed by the record, the respondent is entitled to anything in excess of nominal damages ’ ’; and they insist that he was not in fact damaged in any sum or to any extent by the failure to sink the shaft to the depth agreed upon, and hence that the court erred ip. awarding damages
We concur: Searls, C.; Vanclief, C.
the reasons given in the foregoing opinion, the judgment and order appealed from are affirmed.