AYER V. WESTERN UNION TELEGRAPH CO.
10 A. 495 (1887)
NATURE OF THE CASE: This was a case of a mistaken transmission. Ayer (P), lumber dealer, filed an action against Western (D), telegraph company, to recover damages for the negligent transmission of a telegraphic message.
FACTS: Ayer (P) contracted with Western Union (D) to deliver a message for the sale of laths. D delivered the message but typed the price wrong and instead of two ten per M the message stated two per M. This was eventually discovered by the parties involved in the sale but the buyer insisted that he get the product at the lower price. P shipped the units at the lower price. P sued D for the difference. D contended that it was at fault for the error but was only liable for the cost of sending the telegram. P wanted the difference in price. D contended that P was not bound by the contract as there was an error in transmission.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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