Postal Telegraph Co. v. Criscoe
Mississippi Supreme Court
Appeal from the circuit court of Plinds county. Hon. W. A. Henry, Judge. Suit by J. L. Criscoe against the Postal Telegraph Company. From a judgment for plaintiff, defendant appeals. Appellee was endeavoring to secure families of laborers for A. E. Jennings and E. J. Marley, for tenants on their plantations. Jennings and Marley had agreed to pay appellee twenty-five dollars for each family of laborers secured.
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Appeal from the circuit court of Plinds county. Hon. W. A. Henry, Judge. Suit by J. L. Criscoe against the Postal Telegraph Company. From a judgment for plaintiff, defendant appeals. Appellee was endeavoring to secure families of laborers for A. E. Jennings and E. J. Marley, for tenants on their plantations. Jennings and Marley had agreed to pay appellee twenty-five dollars for each family of laborers secured. The agreement was made first by personal interview, and thereafter appellee went to Vicksburg for the purpose of getting the families. On May 5, 1912, he telegraphed Marley from…
1Opinion of the CourtSmith, C. J.
Had the telegrams from Marley and Jennings been delivered to appellee, no contracts would have been thereby completed. Consequently the case falls within the rule announced in Johnson v. Telegraph Co., 79 Miss. 58, 29 So. 787, 89 Am. St. Rep. 584, and applied in Telegraph Co. v. Adams Machine Co., 92 Miss. 849, 47 So. 412, Telegraph Co. v. Patty Dry Goods Co., 96 Miss. 781, 51 So. 913, and Telegraph Co. v. Crook & Company, 63 So. 350. The court, therefore, erred in refusing defendant’s instructions numbers 4 and 5.
Reversad and remanded.
2Cases cited4 opinions
- Johnson v. Western Union Telegraph Co.Mississippi Supreme Court · 1901
- Western Union Telegraph Co. v. Adams Machine Co.Mississippi Supreme Court · 1908
- Western Union Telegraph Co. v. Patty Dry Goods Co.Mississippi Supreme Court · 1910
- Postal Telegraph & Cable Co. v. CrookMississippi Supreme Court · 1913
3Cited by2 opinions
- Johnson v. Western Union Telegraph Co.Mississippi Supreme Court · 1917
- Ardis & Co. v. Turner & U. S. Fidelity & Guaranty Co.Louisiana Court of Appeal · 1926