Harper v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. ' (1) The evidence failed utterly to prove an agreement. (2) There was, on plaintiff’s own testimony, no consideration, and the alleged agreement was for that reason a mere nudum pactum, null and void. (3) Plaintiff has no rights growing out of the contract between defendant and Sherman, the sender of the answer. Eo-rd v. Postal Tel. Co., 27 So. 409; Tel.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. ' (1) The evidence failed utterly to prove an agreement. (2) There was, on plaintiff’s own testimony, no consideration, and the alleged agreement was for that reason a mere nudum pactum, null and void. (3) Plaintiff has no rights growing out of the contract between defendant and Sherman, the sender of the answer. Eo-rd v. Postal Tel. Co., 27 So. 409; Tel. Co. v. Wood, 57 Eed. 471; Cable Co. v. Eord, 117 Ala. 672, 23 So. 684; Tel. Co. v Dubois, 128 Ill. 248, 21 N E. 4; Shingleur v. Tel. Co., 72 Miss. 100, 18 So. 425; Haubelt Bros.…
1Opinion of the CourtBroaddus, J.
This is a suit for damages against the defendant for failure to deliver a telegraph message at the place agreed upon. The plaintiff is a real-estate broker whose place of business is in Howell county, Missouri. The defendant company is engaged in the business of transmitting telegraph messages as its name denotes. Prior to the eighth day of January, 1900, one E. A. Sherman who resided in Sioux Ealls, South Dakota, had been in Howell county and negotiating with plaintiff for the purchase of a tract of land in said county containing 880 acres, and these negotiations were continued by letter…
2Cases cited8 opinions
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Western Union Telegraph Co. v. MitchellTexas Supreme Court · 1898
- Mahner v. LinckMissouri Court of Appeals · 1897
- Fathman v. TumiltyMissouri Court of Appeals · 1889
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3Cited by4 opinions
- Joice v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1945
- Thorp v. Western Union Telegraph Co.Missouri Court of Appeals · 1906
- McNeil v. Postal-Telegraph Cable Co.Supreme Court of Iowa · 1912
- Harper v. Westeen Union Telegraph Co.Missouri Court of Appeals · 1905