Western Twine Co. v. Wright
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. W. A. Wilkes, Judge. Action by the Western Twine Company against F. R. Wright and others. Judgment for defendants, and plaintiff appeals. The facts are stated in the opinion.
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Appeal from Minnehaha county court. Hon. W. A. Wilkes, Judge. Action by the Western Twine Company against F. R. Wright and others. Judgment for defendants, and plaintiff appeals. The facts are stated in the opinion. When a party takes the initiative, and for the purpose of contracting by telegraph, delivers a prepaid message, containing his offer, to the telegragh company, a telegraphic acceptance shortly thereafter received, purporting to be signed by his addressee, is not admissible to bind the latter without further proof of its authenticity. Thompson on Electricity, §§ 498, 502; Gray on…
1Opinion of the CourtFuller, J.
A breach of warranty as to the quality of certain binding twine, purchased by the defendant F. R. Wright from the plaintiff, was the only defense relied upon in this action to recover the amount of a promissory note given in settlement therefor, and this .appeal, taken by plaintiff from judgments in favor of defendants, presents some questions pertaining to the law of evidence which, on account of their importance, require most careful consideration.
It appeared at the trial that respondent F. R. Wright, a resident of Rowena, S. D., gave to appellant, of 143-5 Monadnock Block, Chicago, 111.,…
2Cases cited10 opinions
- Muller v. . EnoNew York Court of Appeals · 1856
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
- Trevor v. . WoodNew York Court of Appeals · 1867
- Wheelock v. BerkeleyIllinois Supreme Court · 1891
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3Cited by20 opinions
- Buckbee v. P. Hohenadel, Jr., Co.Court of Appeals for the Seventh Circuit · 1915
- Davis v. Ferguson Seed FarmsCourt of Appeals of Texas · 1923
- People v. HammondMichigan Supreme Court · 1903
- House Grain Co. v. Finerman & SonsCalifornia Court of Appeal · 1953
- Paden v. Rockford Palace Furniture Co.Appellate Court of Illinois · 1921
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