Western Union Telegraph Co. v. Caldwell
Supreme Court of Arkansas
Appeal from Pike Circuit Court; John 8. Lalce, Judge; 1. The message was' not the acceptance of an offer to bind a contract, or the offer of terms for a contract. 37 Cyc. 1762c, 1761b, 1760. 2. It was merely a step in the negotiation for a contract.
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Appeal from Pike Circuit Court; John 8. Lalce, Judge; 1. The message was' not the acceptance of an offer to bind a contract, or the offer of terms for a contract. 37 Cyc. 1762c, 1761b, 1760. 2. It was merely a step in the negotiation for a contract. The damages are remote, and speculative. 58 ■Ark. 29-33; 86 Id. 339; 92 Id. 133; 110 Id. 144; 37 Cyc. 176 (2), 1766; 44 S. E. 309; 106 N. W. 13; 48 So. 408; 43 S. E. 960; 169 S. W. 1027; 64 So. 933; 44 S. E. 310; 106 N. W. 13; 47 So. 412; 51 S. E. 290, and many others. 2. It was an nnrepeated message and invalid. 121 Ark. 135; 192 S. W. 70; 91 S.…
1Opinion of the CourtHart, J.
(.after stating the facts). Counsel for the defendant offered to confess judgment in the court below for the sum of $1.00 which was more than the price agreed to be paid for the transmission of the message. They contend that there should be no greater recovery in this case because the delayed telegram was merely a step in the negotiations for a contract. We think counsel are correct. The damages in cases of this character must not be uncertain or conjectural. Profits to be recovered must be such as would have accrued and grown out of the contract itself as the direct 'and immediate result of…
2Cases cited3 opinions
- Fulkerson v. Western Union Telegraph Co.Supreme Court of Arkansas · 1913
- Western Union Telegraph Co. v. FellnerSupreme Court of Arkansas · 1893
- James v. Western Union Telegraph Co.Supreme Court of Arkansas · 1908
3Cited by6 opinions
- Archer-Daniels-Midland Company v. PaullDistrict Court, W.D. Arkansas · 1960
- Archer-Daniels-Midland Company v. R. C. Paull, Virginia Paull and Paull's Hatchery, Inc.Court of Appeals for the Eighth Circuit · 1961
- St. Louis-San Francisco Railway Co. v. SpradleySupreme Court of Arkansas · 1939
- Harris v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918
- Security Mortgage Co. v. Western Union Telegraph Co.Supreme Court of Arkansas · 1919
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