Lane

Defendant and one John Herd, Jr., formed a copartnership for the purpose of farmming a large tract of land; a memorandum of their contract was in writing, dated August 20, 1891, and one of its provisions was that Herd, as his *398 contribution to the expense of ploughing and seeding, the land for the first year, would furnish all seed and feed) “ such feed in no case to exceed the sum of fifteen hundred dollars.” October 3, 1891, Herd assigned his interest in said contract to Lane, the plaintiff, who was a grain dealer at Stockton; such assignment being in terms “ security for feed, grain, and seed furnished to put the land in.” On October 7,1891, Herd wrote to defendant a letter containing this statement: “ I arranged on Saturday last with the Lanes at Stockton to provide you, as per agreement, with the seed and feed you require. Therefore, kindly write them direct and they will forward the same.” Defendant took the letter to plaintiff, who indorsed thereon, “ Accepted: Frank E. Lane.” Upon the order of defendant, plaintiff shipped to him before December 31, 1891, feed to the amount in value of three thousand one hundred and thirty-eight dollars and thirty-eight cents. The…