Western Union Telegraph Co. v. Adams Machine Co.
Mississippi Supreme Court
From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. The Adams Machine Company, appellee, was plaintiff in the court below; the telegraph company, appellant, was defendant there. From a judgment in plaintiff’s favor, predicated of a peremptory instruction, the defendant appealed to the supreme court. The opinion of the court sets forth the allegations of the declaration, the evidence substantiating the same.
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From the circuit court of Alcorn county. Hon. Eugene O. Sykes, Judge. The Adams Machine Company, appellee, was plaintiff in the court below; the telegraph company, appellant, was defendant there. From a judgment in plaintiff’s favor, predicated of a peremptory instruction, the defendant appealed to the supreme court. The opinion of the court sets forth the allegations of the declaration, the evidence substantiating the same. The declaration on its face shows that there was no complete contract, the contemplated sale being only conditional and dependent upon the plaintiff’s guarantee that…
1Opinion of the Court
Calhoon, J\,
delivered the opinion of the court.
The declaration of appellee avers that it lost $450, which would have been profits, if it had manufactured certain machinery; that its salesman, Barnes, contracted with a firm in Marthasville, La., to sell them the machinery “provided the plaintiff would guarantee shipment of said machinery from Corinth, Miss., to Marthasville, within thirty days.” Accordingly, the declaration avers, and the proof shows, that the agent delivered for transmission at the office of appellant in Marthasville a telegram in the following words: “Will you guarantee…
2Cases cited9 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- Kenyon v. Western Union Tel. Co.California Supreme Court · 1893
- Clay v. Western Union Telegraph Co.Supreme Court of Georgia · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hall v. Western Union Telegraph Co.Supreme Court of Florida · 1910
- McQuilkin v. Postal Telegraph Cable Co.California Court of Appeal · 1915
- Western Union Telegraph Co. v. SightsSupreme Court of Oklahoma · 1912
- Davenport v. Western Union Tel. Co.Montana Supreme Court · 1932
- Postal Telegraph Co. v. CriscoeMississippi Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.