Brower v. Western Union Telegraph Co.

The opinion of the court was delivered by

Smith, J.:

D. M. Brower, the plaintiff, bought of oné O. J. Brown 125 head of native western cows, which at the time of the contract of sale were about *110seventeen miles from Garden City, Kan., and by the terms of the sale Brown was to deliver the cattle in the stockyards at Garden City about November 1. On the first day of November Brown delivered to the agent of the defendant, at Garden City, and paid for its transmission, the following telegram:

“Garden City, Kan., November 1, 1906.

“To D. M. Brower, Lewis, Kan.:

“Cars are here. Cows will be Friday. Come…