Hart

the fifteenth day of December, 1882, the plaintiff delivered to the defendant, at its Stockton office, this message: ‘ ‘ George W. McNear, San Francisco: Buy bail barley falún; report by mail. George Hart.” The message was promptly transmitted and delivered as written, except that the word “bail” was changed to the word “bain.” By the private cipher code of McNear, used by the plaintiff in the message, the word “bail” means “one hundred tons,” and the word 11 bain ’ ’ means ‘ ‘ two hundred and twenty-five tons. ’ ’ As the message was delivered, it directed McNear to buy for the account of the plaintiff two hundred and twenty-five tons of barley, whereas, as it was written by the plaintiff, McNear was directed to buy on plaintiff’s account one hundred tons only. *374 Acting on the message received, McNear bought for plaintiff two hundred tons of barley. When the plaintiff discovered that fact he notified the defendant that one hundred tons had been bought in excess of that directed to be bought by the original message, and asked the defendant what he should do with the surplus so purchased. Defendant refused to give any instruction in regard to it. Plaintiff thereupon sold the…