Hocker v. Western Union Telegraph Co.

Citations

• 45 Fla. 363

Syllabus

<p>1. A suit against a' foreign corporation doing business in this State may under section 1001 Revised Statutes be instituted in any county in which the company has an agent or other representative.</p> <p>2. The damages claimed in a suit to recover the difference between the price at which a contract for cotton would have been sold had the defendant 'done its duty and a lower price at which it was sold as the result of defendant’s negligence are not too remote, speculative or contingent for recovery.</p> <p>3. The uocgj-j- 0j> a margin for the protection of a broker buying cotton on the stock exchange for another does not necessarily imply that the contract is one where no goods are to be delivered, bur only a difference in price to be paid.</p> <p>4. Where the contrary does not appear, the presumption is that the parties to a contract intend that which is legal.</p> <p>5. An allegation that the defendant telegraph company had received a second message, and, with knowledge of the facts, agreed -to transmit it for the purpose of revoking or modifying an^ earlier ruessag.e received by it for .immediate transmission, and had wilfully, carelessly and negligently neglected to send -the first message at once, and delivered the last message first whereby the first revoked the last in violation of the defendant’s ivndertaking, sufficiently alleges negligence on the part of the defendant.</p> <p>• sending a second message by telegraph, seventy minutes after the first, for the purpose of revoking or modifying ■the first who explains the situation to the telegraph company receiving them for transmission and contracts that they shall he so transmitted and delivered as to accomplish the desired result, is not, by his failure to make the messages show on their face which is later, guilty of such negligence as to bar recovery for damages sustained by the defendant’s neglect.</p> <p>7. An allegation that the defendant telegraph company negligently delivered a second message sent