195 P. 62 | Cal. Ct. App. | 1920
This is an appeal from a judgment for recovery of money as damages. It is presented on the judgment-roll alone.
The action grew out of a transaction had between plaintiff and defendant whereby the defendant contracted to purchase certain real property belonging to the plaintiff. An agreement to effect such sale was duly made, but defendant defaulted in the performance of the conditions required of her as to the payment of the purchase price, and plaintiff then brought this action for damages. In the complaint *295
facts were first alleged showing that damage had been suffered which would fall within the measure established by section
As to the first item of damages, to wit, that referring to the tax paid on the irrigation ditch, we fail to find sufficient in the findings to sustain the judgment for the recovery of that amount. By the findings it appears that the ditch charge was collectible whether the water was used or not, and there are no facts found which show how or in what manner plaintiff would have derived a profit had he been able to use the ditch.
It is ordered that the judgment be modified by deducting therefrom the sum of $118. As so modified the judgment is affirmed; the respective parties to bear their own costs.
Conrey, P. J., and Shaw, J., concurred.