Frazier v. Western Union Telegraph Co.
Oregon Supreme Court
From Marion: Arthur L. Frazer, Judge. Action by P. L. Frazier and others against the Western Union Telegraph Company. The plaintiffs are real estate brokers. Some time prior to February 18, 1903, two farms were listed with them for sale, designated in the record as the “Shepard” and “Schutte” farms, under an agreement with the owners that plaintiffs were to receive $100 commission on the former and $200 on the latter if they effected a sale.
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From Marion: Arthur L. Frazer, Judge. Action by P. L. Frazier and others against the Western Union Telegraph Company. The plaintiffs are real estate brokers. Some time prior to February 18, 1903, two farms were listed with them for sale, designated in the record as the “Shepard” and “Schutte” farms, under an agreement with the owners that plaintiffs were to receive $100 commission on the former and $200 on the latter if they effected a sale. About that time they had a customer in the person of one E. P. Weir, who, after examining the property and entering into some negotiations with the…
1Opinion of the CourtJustice Bean
Several questions were discussed at the argument, but it is only necessary to notice the contention that the plaintiffs are not entitled to maintain an action against the defendant for negligence in delivering the message addressed to them, because they were not parties or privies to the contract between Weir and the company for its transmission, nor was the company advised by the terms of the message or otherwise that they were the parties for whose benefit such contract was made.
1. In England the doctrine is settled that the addressee of a telegraphic message cannot sue the company for…
2Cases cited6 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- McPeek v. Western Union Telegraph Co.Supreme Court of Iowa · 1899
- Butner v. Western Union Telegraph CompanySupreme Court of Oklahoma · 1894
- Western Union Tel. Co. v. WoodCourt of Appeals for the Fifth Circuit · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
- Tom Lee, Inc. v. Pacific Telephone & Telegraph Co.Oregon Supreme Court · 1936
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
11 more not listed; retrieve them via the Exa API.