
    [No. 20135.
    Department Two.
    March 3, 1927.]
    Walter J. Nichols & Company, Respondent, v. Watson-Moore Company, Appellants.
      
    
    Appeal from a judgment of the superior court for King county, Mills, X, entered April 19, 1926, upon findings in favor of the plaintiff, in an action on contract, tried to the court.
    Reversed with directions to dismiss.
    
      Roberts & Skeel and Glen E. Wilson, for appellants.
    
      Chadwick, McMicken, Ramsey & Rupp, for respondent.
    
      
      Reported in 253 Pac. 1119.
    
   Per Curiam.

This court being satisfied that the contract between these parties is evidenced by various letters and telegrams and that it was the intention of the parties to provide that the respondent should maintain a market at a fixed price before it could compel the appellant to receive the shares of mining stock which is the subject-matter of this controversy, and the testimony failing to show that the respondent had maintained that price; it is not entitled to recover judgment for the balance of the shares which the appellant refused to accept.

It is unnecessary to set out all the evidence which established the contract between the parties.

The judgment is reversed, and the action ordered dismissed.  