Western Union Telegraph Co. v. Patty Dry Goods Co.
Mississippi Supreme Court
Prom the circuit court of Noxubee county. Hon. John L. Buckley, Judge. The dry goods company, appellee, was plaintiff in the court, below; tbe telegraph company, appellant, was defendant there.. Prom a judgment in plaintiff’s favor, predicated of a peremptory instruction, defendant appealed to the supreme court. The defendant tendered plaintiff the costs for transmitting the message and kept its tender good by paying the money into-court.
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Prom the circuit court of Noxubee county. Hon. John L. Buckley, Judge. The dry goods company, appellee, was plaintiff in the court, below; tbe telegraph company, appellant, was defendant there.. Prom a judgment in plaintiff’s favor, predicated of a peremptory instruction, defendant appealed to the supreme court. The defendant tendered plaintiff the costs for transmitting the message and kept its tender good by paying the money into-court. The other facts are stated in the opinion of the court. The damages proven or sought to- be proven by the plaintiff were the purest speculation and could…
1Opinion of the CourtSMItii, J.
This is an appeal from judgment in the court below awarding appellee damages, alleged to have been sustained ■ by it, by reason of the failure of ajopellant to deliver a telegram sent by appellee.
Appellee was a corporation engaged in a mercantile business at Macon, Miss., and intended to move to the state of' Oklahoma and engage in a similar business there. On May 5, 1907, appellee received the following letter from Stinson & Mounts, a partnership engaged in the real estate business in Frederick, Okla.:
“Mr. It. C. Patty, Macon, Miss. “May 5, 1907.
“D'ear Sir: Tour letter, addressed to Mr. N.…
2Cases cited1 opinion
- Western Union Telegraph Co. v. Adams Machine Co.Mississippi Supreme Court · 1908
3Cited by2 opinions
- Postal Telegraph Co. v. CriscoeMississippi Supreme Court · 1914
- Postal Telegraph & Cable Co. v. CrookMississippi Supreme Court · 1913