Houston, East & West Texas Railway Telegraph Co. v. Davidson, Hardeman & Co.

WILLIAMS, Associate Justice.

Appellees sued appellant and the Western Union Telegraph Co. for damages resulting from delay in transmitting a telegram. Appellant has a telegraph line from Nacogdoches to Houston, and the Western Union Company one from Houston to New Orleans. On the 9th day of October, 1894, appellees, at Nacogdoches, received from H. Dessommes, at New Orleans, a telegram, wholly in cipher, but which, when translated, contained an offer to purchase of appellants 100 bales of cotton, at a given price, provided the offer was accepted by wire the same evening. Appellee replied by…