Rogers v. Western Union Telegraph Co.

This action was instituted by the appellant to recover the statutory penalty of one hundred dollars for the failure to transmit and deliver a telegraphic message.

The defence is, that the message was placed in the hands of the appellee on Sunday, and the contract for its transmission, made on that day. The theory of the appellee and of the trial court is, that, as the contract for transmitting the message was made on Sunday, it is void, and no penalty can be recovered for the failure to perform a void contract.

Appellant vigorously attacks the decisions holding that contracts made on the first…