Henry v. Western Union Telegraph Co.

Citations

• 73 Wash. 260
• 131 P. 812
• 1913 Wash. LEXIS 2170

Syllabus

<p>Telegraphs and Telephones — Messages — Actions—Damages— Contributory Negligence — Evidence—Sufficiency». In an action against a telegraph company for erroneously transmitting a message from plaintiff’s agent for the purchase of two lots of sheep at $4.70 for January delivery and $5.00 for February delivery, so that the message delivered read $4.20 for January delivery, the contributory negligence of the plaintiff in instructing purchase of the sheep without having the message repeated or being put on inquiry by the discrepancy in the prices, is for the jury, where it appears that the plaintiff had but recently refused an offer at $4.70, there was evidence that the market price for January delivery was $4.25, and the January sheep would be grass fed, while there would be considerable expense attached to keeping over the February lot.</p> <p>Same — Measure of Damages. The measure of damages for erroneously transmitting a telegram from plaintiff’s agent that a lot of sheep could be purchased at $4.70 per hundred, so as to read $4.20, whereby they were purchased for use in plaintiff’s wholsesale butcher business, at the higher price, which exceeded the market price, is the difference between the price paid and the market price, and not the amount of plaintiff’s loss, if any, on the purchase.</p> <p>Evidence — Market Value — Sufficiency. In an action for erroneously transmitting a telegram as to the purchase of sheep, thereupon bought for plaintiff, evidence of the market price in Montana at a certain time is sufficiently established where both plaintiff and his manager testified, without contradiction, that the market price there was fixed hy the prices in Chicago and Portland, less freight, shrinkage, and expenses, amounting to about one dollar per hundred, that, while they could not recall the exact prices on the day in question, it was about $5.25 in Chicago and Portland, as they on that day made an offer of $4.20 in Montana which they estimated to be slightly und