Western Union Telegraph Co. v. Brown
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. The following were cited as holding that such contracts are absolute agreements to buy as well as to sell and not mere options, and that the forfeiture provision is for the benefit of the vendor.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. The following were cited as holding that such contracts are absolute agreements to buy as well as to sell and not mere options, and that the forfeiture provision is for the benefit of the vendor. James, Option Contracts, § 109; Stewart v. Griffith, 217 U. S. 323; Wilcoxson v. Stitt, 65 California, 596; Central Oil Co. v. Southern Refining Co., 154 California, 165; Weaver v. Griffith, 210 Pa. St. 13; Vickers v. Electrozone Co., 66 N. J. L. 9; Hamburger v. Thomas, 118 S. W. Rep. 770;…
1Opinion of the CourtJustice Day
This is an actión by Brown, executor of Lange, and Hastings to recover damages from the Western Union Telegraph Company for failure to deliver a message sent by Hastings and Lange to the Lyon County Bank, Yerington, Nevada. A judgment was recovered against the Telegraph Company in the District Court, which was affirmed in the Circuit Court of Appeals for the Ninth Circuit. 248 Fed. Rep. 656. The case is here upon writ of certiorari.
Upon stipulation the case was tried in the District Court without a jury, and the court made findings from which it appears: On March 16, 1907, W. C. Pitt and W.…
2Cases cited3 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Stewart v. Griffith Ex Rel. BallSupreme Court of the United States · 1910
3Cited by36 opinions
- Shaughnessy v. EidsmoSupreme Court of Minnesota · 1946
- French v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Ninth Circuit · 1986
- Warner Bros. Pictures v. BrodelCalifornia Supreme Court · 1948
- United States Freight Company and Subsidiaries v. The United StatesUnited States Court of Claims · 1970
- State v. ClevengerCourt of Appeals of Texas · 1964
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