Western Union Telegraph Co. v. Durham

FLY, Associate Justice.

Appellee sued appellant to recover damages in the sum of $98.50 for failure to deliver a telegram. Before instituting the suit appellee had written to L. C. Baker, superintendent of the Western Union Telegraph Company, that the failure to properly deliver the message had caused him a loss of $112.25. Appellant filed a plea setting up that appellee had fraudulently sued for an amount less than his actual damages in order to deprive appellant of an appeal to the Court of Civil Appeals, and alleged that if appellee was entitled to anything, it was $112.25, and it was urged…