Mount Gilead Cotton Oil Co. v. Western Union Telegraph Co.
Supreme Court of North Carolina
Civil action tried before Lane, J., and a jury, at September Term, 1915, of MONTGOMERY. Tbe action was to recover damages caused by erroneous transmission of a telegram making an offer for purchase of cotton seed. On the testimony, the court ruled that plaintiff’s recovery was restricted to nominal damages or amount tendered therefor by defendant, to wit, 41 cents. Judgment for this amount, and plaintiff excepted and appealed.
1Opinion of the CourtHoke, J.
The evidence tended to show that, on 1 October, 1914, plaintiff, doing business at Mount Gilead, N. C., delivered to defendant company for transmission to John Kearns, at Wagram, N. C., a message offering $20 per ton for cotton seed, and requiring immediate acceptance ; that under the arrangement between plaintiff and Kearns the latter was to buy the seed at his own price and sell to plaintiff at the price offered; that the message was erroneously delivered: “twenty-two” instead of twenty, making an error of $2 per ton; that, acting on the erroneous message, Kearns bought or contracted for…
2Cases cited8 opinions
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- Bowen v. KingSupreme Court of North Carolina · 1907
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Little v. RoseSupreme Court of North Carolina · 1974
- Universal Oil & Fertilizer Co. v. BurneySupreme Court of North Carolina · 1917
- Holtz v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1936
- Western Union Tel. Co. v. WheelerSupreme Court of Oklahoma · 1926
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