Lathan v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before Purdy, J., Chester, April Term, 1905. Action by S. R. La than against Western Union Telegraph Co. From- judgment for plaintiff, defendant appeals. cite: If message contains no■ notice of damages likely to result from non-delivery nor company noiiñed of any, none are recoverable: 40 S. C., 524; 72 S. C., 290; 70 S. C., 418, 539. No notice tlvat plaintiff would accept offer: 21 Minn.,. 155; 18 Up. Can. Q. B., 60; 44 N. Y. Supt.
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Before Purdy, J., Chester, April Term, 1905. Action by S. R. La than against Western Union Telegraph Co. From- judgment for plaintiff, defendant appeals. cite: If message contains no■ notice of damages likely to result from non-delivery nor company noiiñed of any, none are recoverable: 40 S. C., 524; 72 S. C., 290; 70 S. C., 418, 539. No notice tlvat plaintiff would accept offer: 21 Minn.,. 155; 18 Up. Can. Q. B., 60; 44 N. Y. Supt. Ct., 487; ,29 So-., 789; 44 & E. R., 309; 98 Mass., 232; 11 Am-. R., 156; 41 N. Y., 544; 65 S. C., 492. No evidence of actual loss: 70 S. C., 19; 124 U. S., 444;…
1Opinion of the Court
OPINION.
September 6, 1906. The opinion of the Court was delivered by The first question that will be considered, is that presented by the exceptions, in which the appellant contends that the right to recover damages was dependent upon the fact that the plaintiff would have accepted the offer mentioned in the telegram, and that such fact was conjectural and uncertain, and, therefore, could not be considered in determining the defendant's liability for damages.
A reasonable interpretation of the telegram is that it related to a contemplated contract of sale, in which the article of merchandise…
2Cases cited1 opinion
- Wallingford v. Western Union Tel. Co.Supreme Court of South Carolina · 1898
3Cited by3 opinions
- Robinson v. Western Union Telegraph Co.Michigan Supreme Court · 1912
- Davenport v. Western Union Tel. Co.Montana Supreme Court · 1932
- Strauss v. Postal Telegraph-Cable Co.Supreme Court of South Carolina · 1909