“ It was admitted that this scheme was approved of and adopted by the president and managers, and their own scheme was abandoned; that the proposition of the plaintiff and Milligan was accepted by them, and became a binding contract between the parties. Evidence was also offered to prove, that under the contract a schedule specifying the numbers of certain tickets, by books containing one hundred each, to the extent of 2,500, selected by the plaintiff, and to be set apart for his use, had been delivered by him to the former agent of the lottery ”

“ The stipulation respecting security could not in such a case be considered as a condition precedent, on the performance of which the sale depended. Certainly, the managers could have required, and have insisted on this security; but they might waive it, without dissolving the contract. ”

“ The managers agree to sell Gray 2,500 tickets, which are specified, and he agrees to give approved security for the purchase money on the delivery; in the mean time the tickets remain in possession of the vendors, who proceed to draw the lottery, without having received or required security for the whole number of tickets sold. ”