James v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Union Circuit Court; Charles W. Smith, Judge; There is no evidence on which to base the first instruction given at request of appellee, and the court erred in giving it. 70 Ark. 441; 74 Ark. 19. 1. There was evidence on which to base the first instruction, and it was correct. 56 Ark. 300. 2. The claim of damages is too remote and uncertain. 58 Ark. 29.
1Opinion of the CourtHart, J.
On December 3, 1903,- appellant, W. H. James, delivered to the agent of appellee, the Western Union Telegraph Company, at El Dorado, Arkansas, a telegram as follows, towit:
“El Dorado, Ark., Dec 3, 1903.
“H. & B. Beer,
“N. O., La.
“Buy 'two July.
“W. H. James.”
Meaning thereby to instruct them to buy for him two hundred bales of cotton on the New Orleans Cotton Exchange, for what is called July delivery.
Through an error of .some agent of appellee, the message when delivered read: “Buy two January.”
On the same day, upon receipt of the message, H. & B. Beer bought for appellant, on the authority of…
2Cases cited2 opinions
- Kelly v. KeithSupreme Court of Arkansas · 1905
- Western Union Telegraph Co. v. FellnerSupreme Court of Arkansas · 1893
3Cited by2 opinions
- Western Union Telegraph Co. v. CaldwellSupreme Court of Arkansas · 1918
- Harris v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918