Kenyon

Appeal from a judgment in favor of defendant upon its demurrer to plaintiff’s complaint.

The complaint in substance alleges that on January 2, 1893, the plaintiff delivered to the defendant at San Diego, for transmission and delivery, the following message: “ Col. A. G. Gassen, 501 Geary Street, San Francisco. Rennie will appoint. You wire him, please. Urgent. A. S. Kenyon;” that through the gross negligence of the defendant the address as received at San Francisco read, “ Collag. Massen,” and that it was not delivered for ten days thereafter, though defendant informed plaintiff on January 3, 1893, that' it had been delivered. That said Rennie was then, and since, the city assessor of the city of San Diego, that Gassen was an alderman of San Diego, that he was fully advised and understood the contents and importance of the message, that plaintiff was an applicant for an appointment as deputy of said city assessor at a salary of seventy-five dollars per month, and that if said message had been promptly delivered plaintiff would have received the said appointment, and that he had sustained damage in the sum of three hundred and seventy-five dollars, for which sum he prayed…