Page:Federal Reporter, 1st Series, Volume 10.djvu/238

 226 fbdebal befobteb. �els to "be delivered in October, and that they telegraphed the plaintiff that they had sold 10,000 bushels. They say that when they learned in January, 1880, that their telegram was for 10,000 it was a great surprise. That the mistake was caused by the hurry and press of business ; that it was not their custom to sell for future delivery ; that on September 20th they had not 5,000 bushels on hand, and that they would not undertake to sell what they did not have ; and, in brief, that the information which the telegram gave was a mistake, while in fact the plaintiff's corn was sold and delivered under the contract of September 20th. . �Were it not for the defendant's letter of October 18, 1879, 1 should think that this was the correct theory, and I should much pref er tu adopt it. But unless they supposedj when they wrote on October 18th, that they had about 5,000 bushels of the plaintifif's corn, the letter is senseless. , �They had bought 26,165 bushels. There is always a shrinkage from the purehased amount. They had sold, as they now say, 25,- 000 bushels. Under the most favorable circumstances, considerably less than 1,000 bushels would remain. The plaintiff wrote to let McCrea handle the balance. They reply as though they had a large quantity on hand. "We can't get cars fast enough to fill sale, but will ship as fast as possible. » * * "We dare not sell the balance of your corn in a round lump, because the chances are we wouldn't be able to fill it without loss to you." A "round lot" means a lot of 5,000 bushels. This letter shows, beyond dispute, that the writer thought, on October IBth, he had about 5,000 bushels of the plaintiff's corn to sell, and that he was intending to ship it from time to time, and let it take the chances of the market. The subsequent placing all the plaintiff's corn under the sale of September 20th was improper. �The defendants received for the plaintiff's corn $314.19 more than they credit him in the account, and he is entitled to recover said sum, with interest from December 5, 1879. �Let judgment be entered aocordingly. ��� �