Evans & McCloud v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Taylor District Court. — Hon. W. H. Ted-ford, Judge. J. A. Evans and Carr McCloud compose the firm of Evans & McCloud, and were engaged in the business of buying, selling, and shipping horses at Bedford, Iowa.
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Appeal from Taylor District Court. — Hon. W. H. Ted-ford, Judge. J. A. Evans and Carr McCloud compose the firm of Evans & McCloud, and were engaged in the business of buying, selling, and shipping horses at Bedford, Iowa. In December, 1898, McCloud, while passing through Little Rock, Ark., to Magnolia, of that state, with a car load of horses, entered into an oral agreejnent with one Thaltheimer to deliver him another car load as good or better as that he then had, on Thursday following, at a certain price per horse. The firm had nearly another car load at Bedford and, before McCloud left,…
1Opinion of the CourtLadd, J.
2 *2213 *2224 5 *220The defendant should be compelled to make good any damages sustained by the breach of the contract to deliver the message, which were contemplated or might reasonably have entered into the contemplation of the parties at the time it was received, with the fee for its transmission. Special circumstances’, unless made known, cannot affect the measure of damages; but, when made known at the time the contract is entered into, the damages will be such as naturally result from its breach under such circumstances. 1 Sedgwick, Dam., 122; 3 Sutherland, Dam,, section 961. The fact that plaintiffs…
2Cases cited5 opinions
- Manville v. Western Union Telegraph Co.Supreme Court of Iowa · 1873
- Herron v. Western Union Telegraph Co.Supreme Court of Iowa · 1894
- Harkness v. Western Union Telegraph Co.Supreme Court of Iowa · 1887
- Gabrett v. Western Union Telegraph Co.Supreme Court of Iowa · 1891
- Utterson v. ConradSupreme Court of Iowa · 1891
3Cited by6 opinions
- Wells v. Western Union Telegraph Co.Supreme Court of Iowa · 1909
- Hendershot v. Western Union Telegraph Co.Supreme Court of Iowa · 1898
- Western Union Telegraph Co. v. CoyleSupreme Court of Oklahoma · 1909
- Western Union Telegraph Co. v. HuffstutlerCourt of Appeals of Texas · 1916
- McNeil v. Postal-Telegraph Cable Co.Supreme Court of Iowa · 1912
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