Western Union Telegraph Co. v. Hazlehurst Oil Mill & Fertilizer Co.

Citations

• 116 Miss. 372
• 77 So. 187

Syllabus

<p>1. Sales. Cancellation. Validity.</p> <p>Where the seller received the purchaser’s telegram of confirmation of sale within the time stipulated, before the purchaser received the seller’s telegram of cancellation, such attempted cancellation was void.</p> <p>2. Telegbaph and Telephones. Receipt of message. Notice by telegraph company.</p> <p>The fact that a telegram confirming a sale to the sender of certain cotton was received by the seller within the time agreed upon, and the purchaser believed that cancellation by the seller was received by him before confirmation of sale was received by the seller, did not render the telegraph company liable for not having notified him of the delivery of the telegram; such notice not being necessary, except in case of a repeated message.</p>