Tozzi v. Balley

DENMAN, Circuit Judge.

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…