Harper v. Westeen Union Telegraph Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Shannon G. Douglass, Judge. (1) What is the measure of damages? A breach of contract without any damages resulting therefrom gives no cause of action except, perhaps, for nominal damages. In this ease these cannot exceed the price paid by Harper to defendant for sending the telegram to Sherman. Strahorn Oo. v. Tel. Co., 101 Mo.
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Appeal from Jackson Circuit Court. — Hon. Shannon G. Douglass, Judge. (1) What is the measure of damages? A breach of contract without any damages resulting therefrom gives no cause of action except, perhaps, for nominal damages. In this ease these cannot exceed the price paid by Harper to defendant for sending the telegram to Sherman. Strahorn Oo. v. Tel. Co., 101 Mo. App. 500. (2) What did plaintiff do in the way of earning this commission and in what manner did defendant prevent plaintiff from earning this commission? (1) It is well settled that on the second appeal only such questions…
1Opinion of the CourtEllison, J.
This action was instituted by plaintiff to recover damages which he alleges resulted to him from the failure of defendant to deliver to him a telegram which it had received at its Kansas City office. The judgment in the trial court was for the plaintiff.
Plaintiff charges that he was authorized to' sell a large tract of land in Howell county, Missouri, and that he was to be paid for his services all he got for the land in excess of fl.50 per acre. He had a prospective purchaser at the price of $2. per acre who lived in the State of Iowa. That he communicated with this would-be purchaser by…
2Cases cited1 opinion
- Harper v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
3Cited by1 opinion
- McNeil v. Postal-Telegraph Cable Co.Supreme Court of Iowa · 1912