Hughes v. Western Union Telegraph Co.
Missouri Court of Appeals
.Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. The rule that “where two parties have made a contract which one of them has broken, the damages which the other ought to recover in respect of such breach of contract should be either such as may fairly and substantially be considered as arising naturally, that is, according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the…
Read the full summary
.Appeal from the Greene Circuit Court. — Hon. James T. Neville, Judge. The rule that “where two parties have made a contract which one of them has broken, the damages which the other ought to recover in respect of such breach of contract should be either such as may fairly and substantially be considered as arising naturally, that is, according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it,” applies as well…
1Opinion of the CourtBland, P. J.
On June 28, 1897, plaintiffs were partners in the business of inspecting and selling mines in the Republic of Mexico. On June 27, Johnson then in the city of Mexico, sent to his partner at Springfield, Missouri, the following message:
“Mexico City, June 27th.
“H. H. Hughes, Springfield, Mo.:
“Mailed to-day copy our contract go New York see Hearst and push matters.
“(Signed.) Covington Johnson.”
This message was duly transmitted by defendant and received by Hughes, who on the following day wrote in a plain legible hand the following cipher message, and delivered the same to defendant to be by it…
2Cases cited27 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
22 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fitch v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
- Western Union Telegraph Co. v. HogueSupreme Court of Arkansas · 1906
- McCarty v. Western Union Telegraph Co.Missouri Court of Appeals · 1906
- Friedman v. Pulitzer Publishing Co.Missouri Court of Appeals · 1903
- Jackson v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.