Western Union Telegraph Co. v. Askew
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT by The court. The plaintiff, appellee, was conducting a general mercantile establishment at Waldo, Arkansas, when on or about the first day of October, 1906, he received by letter from the Roswell Trading Company of Roswell, New Mexico, an offer to ship him two cars of choice alfalfa hay at $15 a ton, delivered at Texarkana.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT by The court. The plaintiff, appellee, was conducting a general mercantile establishment at Waldo, Arkansas, when on or about the first day of October, 1906, he received by letter from the Roswell Trading Company of Roswell, New Mexico, an offer to ship him two cars of choice alfalfa hay at $15 a ton, delivered at Texarkana. This offer was still open and unrevoked on the third day of October, 1906, when during the regular hours for receiving messages the plaintiff delivered to the agent of the appellant company at Waldo,…
1Opinion of the Court
Wood, J.,
(after stating the facts). The judgment of the court eliminated all claim for damages by reason of the loss of anticipated profits set up in the complaint. The message — “Roswell Trading Company, Roswell, N. M. Ship two cars choice alfalfa, fifteen dollars, delivered at Texarkana. J. H. Askew”— on its face showed that it related to a commercial business transaction between the sender and sendee of importance and value to each. Where such is the -case, the telegraph company has notice of any direct or actual damages that may result from its negligence in failing to transmit the…
2Cases cited9 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
- Western Union Telegraph Co. v. Blanchard, Williams & Co.Supreme Court of Georgia · 1882
- Postal Telegraph Cable Co. v. LathropIllinois Supreme Court · 1890
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3Cited by3 opinions
- Fulkerson v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913
- Kerns v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Western Union Telegraph Co. v. DownsSupreme Court of Arkansas · 1929