Buckley

This action was brought to recover from the defendant the sum of one thousand and thirty-two *675 dollars, the price of certain calves and beef cattle sold by plaintiff to defendant. A jury trial was had, and plaintiff obtained a verdict and judgment for said sum, with interest from March 5, 1894, and from said judgment and from an order denying a new trial the defendant appeals.

Defendant is a wholesale butcher doing business in San Francisco, and plaintiff also resides in said city, but owns a ranch at Goshen, in Tulare county, and had cattle thereon. Con O’Neill was plaintiff’s manager and agent at the ranch, which is distant from the city about two hundred and forty miles.

On' February 28, 1894, L. D. Whitt, whom plaintiff alleges was the agent of defendant, called at the ranch and proposed to buy a lot of thirty-six calves. O’Neill asked ten dollars per head for them. Whitt said: “I cannot pay that much, but I will go down and telegraph to Mr. Silverberg and see what he can pay for them.” He thereupon sent to Silverberg the following telegram: “Can give you car calves, average two hundred and thirty, ten dollars. Wire me. L. D. Whitt”; and received the following reply: “You…