Barrus v. Western Union Telegraph Co.

WOLFE, Justice.

Appeal from an order dismissing the action after plaintiff’s refusal to plead over upon demurrer sustained. The question, therefore, is : Was the demurrer to the complaint properly sustained? On June 6, 1935, the Beers Sheep Company, by G. A. Ransom, delivered to defendant at its office in Bannock, Idaho, a certain telegram, reading as follow's:

“Chicago Flexible Shaft Co.

“Salt Lake City, Utah.

“Want three shearers will start on seventh five days work.

“Beers Sheep Co.

“G. A. Ransom.”

The charge for sending and delivery was prepaid by Ransom. The message was delivered to the Chicago…