Western Union Telegraph Co. v. Verhalen
Court of Appeals of Texas
Appeal from Harrison County Court; W. H. Strength, Judge. Action by Walter Verhalen against the Western Union Telegraph Company for failure to transmit a message. From a judgment for plaintiff, defendant appeals. The appellee, who is engaged in buying and selling fruit, obtained an option, commencing May 18th and ending May 19th, to purchase J. W. Ogburn’s matured peach crop at 75 cents a bushel f. o. b. cars at Ogburn, Tex.
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Appeal from Harrison County Court; W. H. Strength, Judge. Action by Walter Verhalen against the Western Union Telegraph Company for failure to transmit a message. From a judgment for plaintiff, defendant appeals. The appellee, who is engaged in buying and selling fruit, obtained an option, commencing May 18th and ending May 19th, to purchase J. W. Ogburn’s matured peach crop at 75 cents a bushel f. o. b. cars at Ogburn, Tex. Immediately after obtaining the option the appellee prepared and delivered to the Western Union Telegraph Company the following message: “Marshall, Texas, May 19, 1916.…
1Opinion of the Court
It is concluded that the trial court erred in sustaining the demurrer to the appellant's defense of alleged failure to comply with the stipulation providing for notice of claim for damages. The statute does not make invalid and void a stipulation in a contract requiring notice, as of the kind here, of claim for damages, if such stipulation is reasonable. Article 5714, Vernon's Sayles' Stat. The case of Taber v. Western Union Telegraph Co., 104 Tex. 272, 137 S.W. 106, 34 IP R A. (N.S.) 185, had a stipulation requiring the claim to be "presented in writing within ninety days after the message…
2Cases cited5 opinions
- Mitchum v. Chicago, Rock Island & Gulf Railway Co.Texas Supreme Court · 1915
- Taber v. Western Union Telegraph Co.Texas Supreme Court · 1911
- St. Louis, B. & M. Ry. Co. v. MarcofichCourt of Appeals of Texas · 1916
- Turner v. HendersonCourt of Appeals of Texas · 1915
- San Antonio & A. P. Ry. Co. v. BrachtCourt of Appeals of Texas · 1915
3Cited by3 opinions
- Smith v. PattonTexas Commission of Appeals · 1922
- Western Union Telegraph Co. v. CatesCourt of Appeals of Texas · 1926
- Western Union Telegraph Co. v. VannCourt of Appeals of Texas · 1926