Joynes v. Postal Telegraph Cable Co.

Citations

• 37 Pa. Super. 63
• 1908 Pa. Super. LEXIS 240

Syllabus

<p>Telegraph companies — Negligence—Mistake in telegram — Contract.</p> <p>Where a dealer in one city quotes by telegraph a price for goods to a dealer in another city, and by mistake of the telegraph company, the price in the telegram received is less than that stated by the sender, and the receiver of the telegram orders goods at the lesser price, but the sender of the telegram delivers the goods, invoiced at the true price, the receiver may either decline to accept them, or take them at the invoice price. If he chooses the latter course, there is a new contract and the telegraph company is not liable to him for the difference in the price.</p> <p>If in such a case the telegraph company is considered the agent of the sender, then the remedy of the receiver is not against the company, but against the sender for violation of the contract.</p> <p>If it appears that the receiver could not have bought the goods at the lesser price, he has not lost his bargain, and consequently has no action against the telegraph company.</p> <p>A party who selects the telegraph as a means of business communication must as between the sender and receiver bear the loss caused by the errors of the company.</p>