Bentley v. Western Union Telegraph Co.

Citations

• 102 Wash. 433
• 172 P. 1172
• 1918 Wash. LEXIS 945

Syllabus

<p>Telegraphs and Telephones — Mistake in Tbansmission—Damages—Proximate Cause. Where, through the mistake of a telegraph company, apples shipped from Oregon to California were delivered to the consignee by the consignor’s agent at $1.08 per box, instead of $1.80, in reliance upon an erroneous message, and the mistake of the telegraph company was the proximate cause of the consignor’s loss, it was not the duty of the consignor to mitigate his damages by the acceptance of a prompt tentative offer by the consignee to settle for the apples at $1.50 per box; since that would have made a new contract and waived his claim against the telegraph company; and the measure of his damages is the difference between the price received by him on the completed sale at $1.08, and the fair market value of the apples (overruling on rehearing, Id., 98 Wash. 431; Fullerton, Mount, and Chadwick, JJ„ dissenting).</p>