Western Union Telegraph Co. v. Lewis
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Texas; Edward R. Meek, Judge. Action by W. J. Lewis against the Western Union Telegraph Company. From a judgment for plaintiff, defendant brings error.
1DissentShelby, Circuit Judge
I find myself unable to concur in the' decision that the trial court erred in refusing to direct a verdict for the defendant.
Lewis caused a telegram to be sent to Davidson offering $3.25 per acre for 16,000 acres of land. The telegraph company received the message, and received the customary fee, $1.13, for sending it, but never delivered the message. The evidence tended to show that Davidson would have accepted the offer if the message had been received. There' was evidence tending to show that the land was fairly worth much more than the offer, and it was, in fact, proved that Davidson sold…
2Cases cited9 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Western Union Telegraph Co. v. Love Banks Co.Supreme Court of Arkansas · 1904
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