Friday, November 29, 2013

Ayer v. Western Union Telegraph Co. case brief

Ayer v. Western Union Telegraph Co. case brief summary
10 A. 495 (1887)


CASE SYNOPSIS
Plaintiff lumber dealer filed an action against defendant telegraph company to recover damages for the negligent transmission of a telegraphic message.

CASE FACTS
The telegraph company misstated the price at which the lumber dealer offered to sell certain laths. Pursuant to a stipulation printed on the telegraph paper, senders agreed that the company would not be liable for mistakes in transmission for messages that were not telegraphed back to the sender for comparison with the original. The instant message was not telegraphed back. The receiver accepted at the lower price. The dealer shipped the lathes and filed suit against the company for the damages resulting from the negligent transmission, claiming that it was entitled to the difference between the market price of the laths and the price at which they were shipped.

DISCUSSION

  • The court entered a judgment for the dealer, noting that the company offered no evidence regarding the mistake and that a presumption arose that the mistake resulted from the fault of the company. 
  • Also, the stipulation in the contract of transmission was void as against public policy. 
  • Further, the court held that a valid contract resulted from the transmission and that the dealer was, as claimed, entitled to the difference between the market price of the laths and the price at which they were shipped.

CONCLUSION
The court rendered a judgment for the lumber dealer.


Recommended Supplements and Study Aids for Property Law

Shop for Law School Course Materials.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.