Page:Federal Reporter, 1st Series, Volume 10.djvu/236

224 FEDEBAIi BEPOBTKB. �bxisliels for 34 cents or more per bushel, and to sell the balance for 37 cents or more. On September 6, 1879, they sold, through S. H. McCrea & Ce, of Chi- cago, 10,000 bushels at 34| cents per bushel, to be delivered in October. �On August 25th the plaintifE, feariag that one of the cribs was weak and might fall, iastructed the defendants to sell what could not be made safe. On August 28th he telegraphed them to " hold on if you have not sold." By letter of the SHUie date he wrote that he concluded to wait until he had heard more deijnitely the condition of the cribs. On September 5th he wrote them to sell the weak crib, with no restrictions as to price, and "the balance hold till we know how the new crop cornes in, or touches 34, when sell up to 10,000." [t is evident that the latter part of this restriction had reference only to 10,000 bushels. It was not intended to alter the directions which had been pre- viously given as to the residue of the corn. If the price should touch 37, (which was then considered very doubtf ul,) they were authorized to sell. Tho sale of September 6th was satisfactory to the plaintifE. �On September 20, 1879, the defendants sold, through S. H. McCrea & Go., 15,000 bushels at 37J cents per bushel, to be delivered in October, and the same day telegraphed the plaintifE that they had sold 10,000 bushels at the price above named. �The plaintifE had purchased and put into the cribs, in the winterof 1878-9, what was estimated at 26,165 bushels. Corn always shrinks somewhat indry- ing, and some is taken by cattle, or stolen from the cribs, so that a shrinkage is expeoted whea it is shelled. On September 26, 1879, the defendants com- menced shelling the plaintifE's corn, and in due time it was shipped to Chi- cago, �On October 17, 1879, corn was rising in price, and the plaintifE, supposing that about 6,000 bushels were unsold, telegraphed the defendants to "let Mc- Crea handle the balance of the corn on this market, and hold and sell on break," to which telegram the defendants replied in the following letter, dated October 18, 1879. �" Your telegram was received last evening, asking us to let McCrea handle the balance of the corn on this market, and hold and sell on break. We an- swered you by red message that we can't get cars fast enough to fill sale, but wiil sliipas fast as possible. We (in common with all other shippers) have been terribly troubled about the shortage and scarcity of cars. The railroad seems to be doing so much business that we only get about two or three cars when we 'w^ant six, and so we dare not sell the balance of your corn in a round lot because the chances are we wouldn't be able to fill it without loss to you ; but we will continue to ship as fast as possible, and we think you will get the bal- ance in on these good priees. Sorry we sold quite so soon, but no one dreamed of siioli an advance. Will send you check for $1,600 as soon as we get account sales as you requested." �Other letters passed from defendants to plaintifE of no especial importance to the present issue. A letter of October 22d did not tend to change the plain- tifE's iinderstanding in regard to the saleof September 20th, but would natur- ally have the contrary tendency. �On Becember 5, 1879, and on January 13, 1880, the plaintifE was in Dunlap, and was told by the defendants that his corn amounted to 24,492.30 bushels, and tiiat the sale of September 20th was of 15,000 iustead of 10,000 bushels, and ��� �