Western Union Telegraph Co. v. Brown
Alabama Court of Appeals
Appeal from Coosa Circuit Court. Heard before Hou. S. L. Brewer. Actiou by Ella Brown against the Western Union Telegraph Company for damages for failure to deliver a telegram. Judgment for plaintiff and defendant appeals.
1Opinion of the Court
de GRAFFENRIED, J.
1. In England only parties to a contract can, in courts of law, maintain actions for their breach. Where a contract is made by one party with another party for the benefit — even the sole benefit —of a third party, such third party cannot, in a court of law, in England, maintain an action for its breach. It follows therefore that, in England, when a party delivers a telegram to a telegraph company addressed to another, the addressee, unless the sender was actually acting as his agent when he delivered the telegram to the company, although such telegram was delivered by the…
2Cases cited15 opinions
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Western Union Telegraph Co. v. SimpsonTexas Supreme Court · 1889
- Western Union Tel. Co. v. WoodCourt of Appeals for the Fifth Circuit · 1893
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
- Western Union Tel. Co. v. HawkinsAlabama Court of Appeals · 1915
- Western Union Telegraph Co. v. AppletonSupreme Court of Alabama · 1914
- Western Union Telegraph Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1914
- Sly v. SOUTH CENTRAL BELL TELEPHONE CO.Supreme Court of Alabama · 1980
2 more not listed; retrieve them via the Exa API.