Security Mortgage Co. v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo. B. Haynie, Judge; Tbe court erred in sustaining tbe demurrer and dismissing tbe complaint.
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Appeal from Miller Circuit Court; Geo. B. Haynie, Judge; Tbe court erred in sustaining tbe demurrer and dismissing tbe complaint. Tbe telegraph company was liable for the loss occasioned by its mistake in the telegram. 132 Ark. 339; 106 Id. 122; 126 S. W. 629; 71 So. 183; 133 Ark. 184. It was liable for the money actually lost but also for tbe $240 profits to reimburse it for the overhead expenses and time and efforts in closing the loan after the acceptance by J. B. Montgomery, the purchaser, 92 .Ark. 133; 110 Id. 144. The demurrer was properly sustained because: 1. Plaintiff’s loss was not…
1Opinion of the CourtSmith, J.
This case is here on an appeal from a judgment sustaining a demurrer to the following complaint :
“That on or about January 13, 1918, the Security Mortgage Company delivered to the office of the Western Union Telegraph' Company at Texarkana, Arkansas, for transmission to J. B. Montgomery, at Springfield, Mo., the following telegram, towit:
“ ‘Do you want a choice $8,000, 7 per cent, loan, three years, secured by Texarkana Broad street property, best located in the city, conservative value $20,000? Well rented and insured for $6,000. Payment guaranteed by us if you desire. Answer.
(Signed) “…
2Cases cited1 opinion
- Western Union Telegraph Co. v. CaldwellSupreme Court of Arkansas · 1918