E. T. Gray & Sons v. Satuloff Bros.

The contract, evidenced by a series of telegrams between the parties was a contract in writing, to be construed by the court.

The existence of certain telegrams relating to the transaction being in dispute, a question for the jury was presented, in so far as such telegrams may affect the rights of the parties.

The affirmative charge being given for defendants, the plaintiffs’ version of the existence and receipt of such disputed messages must be taken as true,'in passing upon such ruling. The plaintiffs’ theory is that the instruction to the carman to load out Monday was a waiver of the delay,…