Dunning v. Western Union Telegraph Co.

Plaintiff is a buyer and shipper of grain and operates a grain elevator at Shelby, Nebraska. Defendant is a receiver and sender of telegraph messages for hire. August 11, 1917, plaintiff sent an interstate Western Union telegram from Shelby, Nebraska, addressed to “The Andrew McClelland Mercantile, Industrial & Realty Co.,” a grain dealer at Pueblo, Colorado, quoting and offering for sale a carload lot of number three oats at a price therein named. Owing to a mistake by defendant’s employee, which occurred at its office, in substituting the name of another firm on the telegram of acceptance,…