Thorp v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Platte Circuit Court-. — No». Alomo D. Burnes, Judge. (1) ■ The sole question for decision is the measure of damages for which the defendant is liable under the state of facts presented by the pleadings and the evidence, the defendant claims that because there was no subsisting contract between plaintiff and McCrossan Fruit Co. the defendant is not liable for any loss sustained and is only liable for the price paid for the sending of the message,…
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Appeal from Platte Circuit Court-. — No». Alomo D. Burnes, Judge. (1) ■ The sole question for decision is the measure of damages for which the defendant is liable under the state of facts presented by the pleadings and the evidence, the defendant claims that because there was no subsisting contract between plaintiff and McCrossan Fruit Co. the defendant is not liable for any loss sustained and is only liable for the price paid for the sending of the message, about'fifty-three cents. I am unable to find a decision in this State that will bear out this position of the defendant. (2) The case at…
1Opinion of the Court
BROADDUS, P. J. —
This is a suit against the defendant company for failure to deliver a telegraph message as delivered by the plaintiff. On the 29th day of October, 1902, the plaintiff received from the hands of the defendant the following message:
“Sioux Falls, S. D., Oct. 29, 1902.
“O. Thorp, Weston Mo.
“Give price — five cars number one cold storage apples.
“B. C. McCrossan Fruit Co.”
On the same day in answer to said telegram, the plaintiff delivered to the defendant for transmission and delivery the following message:
“Weston, Mo., Oct. 29, 1902.
“To B. C. Crossan Fruit Co., Sioux Falls, S. D.
“Tw…
2Cases cited4 opinions
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- Harper v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- Smith-Frazier Boot & Shoe Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
- Holly v. St. Louis, Kansas City & Colorado RailwayMissouri Court of Appeals · 1889
3Cited by8 opinions
- Western Union Telegraph Co. v. SightsSupreme Court of Oklahoma · 1912
- Grant v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
- Levy Bros. v. Western Union Telegraph Co.Supreme Court of Oklahoma · 1913
- Faulkner v. Western Union Telegraph Co.Missouri Court of Appeals · 1929
- Davenport v. Western Union Tel. Co.Montana Supreme Court · 1932
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