Mickelwait v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Action for damages because of a mistake made in a message received by plaintiffs. A jury was waived, and trial had to the court. From a judgment in plaintff’s favor, defendant appeals.
1Opinion of the CourtWaterman, J.
Plaintiffs are engaged in the business of buying and selling grain at the town of Macedonia. On August 27, 1897, one M. T. Bussell, of Des Moines, gave to defendant company for transmission to plaintiffs, the following message: “Dated Des Moines, Iowa, August 27th, 1897. To Mickelwait & Young, Macedonia, Iowa: Offer 20-3r three corn, or better, your track. M. T. Bussell.” This was an offer of 20-J cents a bushel for No. 3 corn, or better. As delivered by defendant to plaintiffs, the message read: “Dated Des Moines, Iowa. To Mickelwait & Young, Macedonia, Iowa: Offer 21J cents three corn, or…
2Cited by2 opinions
- Hind v. Western Union Telegraph Co.Court of Appeals for the Ninth Circuit · 1922
- McNeil v. Postal-Telegraph Cable Co.Supreme Court of Iowa · 1912