Naive-Spillers Corp. v. Postal Telegraph-Cable Co.

This was an action for damages against the Telegraph Company for the failure to deliver plaintiff’s message sent from Nashville, Tennessee, to Charles Collins Company, in New York City. The latter company had wired plaintiff as follows:

“Will guarantee twenty-five on one to four ears of fowls shipment this week four percent and benefit of market. Best we can give. Wire quick if accepted or not.”

To which plaintiff replied on same day (June 15, 1923), as follows :

“Answering will ship two or three cars fowls your guarantee twenty-five four percent commission. Don’t think will have many chickens.…