Merrill v. Western Union Telegraph Co.
Supreme Judicial Court of Maine
ON report of facts agreed. Action on the case for negligence of the defendant company in not delivering a telegraph dispatch to plaintiff, alleging special damage. The writ was dated December 18,1884. The essential facts are stated in the opinion. The plaintiff had entered into a legal contract.
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ON report of facts agreed. Action on the case for negligence of the defendant company in not delivering a telegraph dispatch to plaintiff, alleging special damage. The writ was dated December 18,1884. The essential facts are stated in the opinion. The plaintiff had entered into a legal contract. Had he presented himself Monday, September 1, 1884, at the shop of the man who had agreed to employ him and been refused employment, is there any doubt that he could have recovered damages for the failure? The contract for future employment for an indefinite time is recognized as a legal contract in…
1Opinion of the CourtHaskell, J.
Damages are sought for the inexcusable nondelivery of a telegram, whereby the plaintiff was prevented from performing his contract to labor.
The plaintiff’s agent completed a verbal contract, that the plaintiff should labor for a manufacturer at two dollars and *100twenty-five cents per day, commencing Monday, September 1, ¡and seasonably required the defendant to transmit a message to the plaintiff’, notifying him of its terms. The message was not ■ delivered in season for the plaintiff to begin his work as stipulated, ;and thereby he lost his employment. The defendant denies ¡liability beyond…
2Cases cited1 opinion
- Griffin v. . ColverNew York Court of Appeals · 1858
3Cited by11 opinions
- Larrabee v. Penobscot Frozen Foods, Inc.Supreme Judicial Court of Maine · 1984
- Terrio v. Millinocket Community HospitalSupreme Judicial Court of Maine · 1977
- Buchanan v. Martin Marietta Corp.Supreme Judicial Court of Maine · 1985
- Western Union Telegraph Co. v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1935
- Fulkerson v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913
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