Kerns & Lorton v. Western Union Telegraph Co.
Decision Date | 03 November 1913 |
Citation | 174 Mo. App. 435,160 S.W. 556 |
Court | Missouri Court of Appeals |
Parties | KERNS & LORTON v. WESTERN UNION TELEGRAPH CO. |
A telegram reading: — sent by a business firm, sufficiently disclosed that it was a purchase for a resale at a profit and the reasonable probability of loss in case of its own negligence, so that upon delay the telegraph company was liable for substantial damages.
Appeal from Circuit Court, Adair County; Nat M. Shelton, Judge.
Action by Kerns & Lorton against the Western Union Telegraph Company. Judgment for plaintiffs, and defendant appeals. Affirmed.
Fred S. Hudson, of Chillicothe, for appellant. Weatherby & Frank, of Kirksville, for respondents.
Plaintiffs' action is for damages alleged to have accrued to them by reason of the failure of defendant to deliver a telegram they sent from Kirksville, Mo., to E. O. Millay at Romeo, Mich. A jury was waived and a trial had by the court which resulted in a finding and judgment for plaintiffs in the sum of $180.
The telegram was delivered to defendant's agent at Kirksville, on Friday, November 10, 1911, at 7 o'clock in the evening, and should have been delivered, in ordinary course, at Romeo on Saturday morning, November 11th. But it was not delivered until after business hours on the evening of November 13th, when Millay received it through the mail. It was in the following words:
Plaintiffs' claim is that Millay could and would have bought potatoes on the 11th at 50 cents per bushel and could and would have obtained a freight rate to Kirksville of 30 cents per bushel. They also claimed that had the potatoes been bought and shipped at that price and rate they could and would have sold them at $1.10, thereby making a profit of 30 cents per bushel.
Defendant attacks the sufficiency of the evidence to sustain these claims. Any substantial evidence in that respect will suffice to uphold the judgment in plaintiffs' favor and an examination of the record clearly shows that character of proof. Though the telegram was properly addressed by plaintiffs to Millay, it was changed to Mills. And though Millay was known to defendant's agent at Romeo, and though...
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Hays v. Western Union Telegraph Co.
... ... Such difference is ... merely loss of a profit hoped for and is not in any sense ... special damage and is not recoverable. Kerns & Lorton v ... Western Union Tel. Co., 174 Mo.App. 435; Reynolds v ... Western Union Tel. Co., 81 Mo.App. 223; Security ... Mortgage Co. v ... ...
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Hays v. Western Union Tel. Co.
...150 S.W. 511 ... J.O. HAYS, RESPONDENT, ... WESTERN UNION TELEGRAPH COMPANY, A CORPORATION, APPELLANT ... Springfield Court of Appeals, Missouri ... April 3, 1941 ... Kerns & Lorton v. Western Union Tel. Co., 174 Mo. App. 435; Reynolds v. Western Union Tel. Co., 81 Mo ... ...
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