Starnes v. Western Union Telegraph Co.

The appellant, Starnes, sued the appellee to recover damages for breach of a contract in failing to transmit correctly and deliver a message to Frank Fowzer, at Wink, Tex. The message is dated at Pampa, July 15,1929, and is as follows: “Sheriff has truck in garage. Wants release from you. Nelson willing. Wire release and fees approximately Eight Dollars.”

The suit was filed August 26, 1929. On October 2, 1929, plaintiff filed his first amended original petition, which recites in part as follows:

“That he withdraws from his original petition all allegations .thereof for exemplary damages and…