Purdom Naval Stores Co. v. Western Union Telegraph Co.

Citations

• 153 F. 327
• 1907 U.S. App. LEXIS 5095

Syllabus

<p>1. Telegraphs — Messages—Failure to Disliver — Right to Sub.</p> <p>Wliero P., in sending a message, accepting a proposition for the sale of a business in his own name, was in fact acting as agent of plaintiff, plaintiff was entitled, to sue the telegraph company for failure to deliver the message.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 45, Telegraphs and Telephones, § 37.]</p> <p>2. Frauds, Statute or — Contract—Memorandum—Sumtotency.</p> <p>The statute of frauds does not require that every detail of an agreement for the sale of chattels shall be in writing at the time the contract is made, but only requires that some memorandum or note thereof shall be in writing at some time prior to suit brought.</p> <p>I Ed. Note. — For cases in point, see Cent. Dig. vol. 23, Frauds, Statute Of, § 210.]</p> <p>3. Contracts — Acceptance by Agent — Telegram.</p> <p>A telegram, accepting an offer for the sale of a business, signed by plaintiff’s agent acting for plaintiff, was sufficient to make an enforceable contract.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 11, Contracts, § 120.]</p> <p>4. Frauds, Statute oi^Kight to Defense.</p> <p>The benefit of the statute of frauds as a defense is personal, and cannot be availed of by a third person.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 23, Frauds, Statute of, . § 344.]</p> <p>5. Contracts — Offer and Acceptance.</p> <p>A corporation, operating a naval stores business offered its property on September 19, 1905, for $13,900, when the company had finished its year’s business, the offer to be open for acceptance on or before October 4, 1905. On October- 3d plaintiff forwarded a telegram of acceirtance. Meld, that the offer contemplated an immediate sale on acceptance, though possession was not to be surrendered until the expiration of the year’s business, and hence the offer was not so conditional that its acceptance would not constitute a contract.</p> <p>6. Telegraphs — Messag