Scott Geraci v. Postal Telegraph Co.

Defendant in error urges that the judgment below is correct, first, for the reason that the plaintiff having received the telegram at 1:44, it is estopped to claim damages by reason of its failure to accept until 5:15 of the same day. Had it promptly accepted the telegram at 1:44 P. M., it would have been received by the Hartner Produce Company prior to the sale of the car to other parties. Second: That no proper, claim was filed within the 60 day period as required in the endorsement on the back of the telegram. Third: That the telegram of acceptance, transmitted by the plaintiff at 5:13 was…