Wesern Union Tel'g Co. v. Fischer
Court of Appeals of Kentucky
Appeal from Grreennp Circuit Court. S. G-. Kinneb, Circuit Judge. • Judgment for plaintiff, defendant appeals. This action is prosecuted to reverse the judgment of the Greenup Circuit Court awarding to appellee the sum of $494.10 as damages for breach of a contract to correctly deliver the following message: “Weihhville, Ky., January 11, 1901. “N Fisher, “Vermillion, Ohio., “Will furnish hill at thirty-five net to me, Cleveland. “H. N. Fisher.”
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Appeal from Grreennp Circuit Court. S. G-. Kinneb, Circuit Judge. • Judgment for plaintiff, defendant appeals. This action is prosecuted to reverse the judgment of the Greenup Circuit Court awarding to appellee the sum of $494.10 as damages for breach of a contract to correctly deliver the following message: “Weihhville, Ky., January 11, 1901. “N Fisher, “Vermillion, Ohio., “Will furnish hill at thirty-five net to me, Cleveland. “H. N. Fisher.” It is claimed that in the transmission of said message'the word "thirty” was changed to “twenty,” and that appellee delivered said lumber -and was…
1Opinion of the Court
Opinion of the court by
Chief Justice Settle.
Affirming.
The appellee recovered of appellant in the court below a verdict and judgment for $494.10 damages, resulting, as alleged, from the failure of the latter to correctly transmit and deliver the following telegram: “Webbville, Ky., January 11, 1901. N. Fischer, Vermillion, Ohio-. Will furnish bill at $35.00 net to me, Cleveland. H. N. Fischer.” It was alleged in the petition that the telegram was an offer on the part of appellee to furnish N. Fischer, at Cleveland, Ohio, for delivery to the Bradley Company, of that city, 49,410 feet of lumber…
2Cases cited2 opinions
- Postal Tel. Cable Co. v. SchaeferCourt of Appeals of Kentucky · 1901
- Fisher v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1905