Greenwood Grocery Co. v. Canadian County Mill & Elevator Co.
Greenwood Grocery Co. v. Canadian County Mill & Elevator Co.
Opinion of the Court
The opinion of the Court was delivered by
On the 31st of August, 1904, defendant in response to inquiry for prices, wired plaintiff offering to deliver, subject to confirmation, standard patent flour at $4.75 per barrel packed in 24-pound sacks, using the telegraphic code word “health” to represent the price of the flour. Plaintiff replied to this message by wire ordering 250 barrels of flour “at prices wired today,” to which defendant replied by telegram confirming the sale, again- using *221 the code word “health,” which it is admitted represents $4.75 per barrel, and on the same day wrote plaintiff: “We have your wire of 1st, saying to ship 250 barrels of standard patent flour to yourselves at prices named in our wire of the 1st, viz., $5.75 net delivered. We are booking this order and will make prompt shipment. * * *” The flour was shipped and the bill of lading with draft attached for the price thereof at $5.75 per barrel sent to the Bank of Greenwood. On receiving notice of the draft, plaintiff refused payment, claiming that he had purchased the flour at $4.75 per barrel through cipher telegrams. Upon refusal of the defendant to deliver the flour at that price, plaintiff brought this action to recover damages for breach of contract, and attached the flour. The trial of the cause resulted in a verdict and judgment thereon for plaintiff in the sum of $372.93, from which defendant appeals.
The appellant’s unfortunate mistake appears to have been the result of its own want of care in selecting the wrong code word to denote the price quoted, and there was nothing to show' that the mistake was occasioned by the fault, fraud, deceit or imposition of the plaintiff. Coates & Sons v. Early, 46 S. C., 221, 24 S. E., 305.
The exceptions are overruled, and the judgment of the Circuit Court is affirmed.
Reference
- Full Case Name
- Greenwood Grocery Co. v. Canadian County Mill and Elevator Co.
- Cited By
- 1 case
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- Published
- Syllabus
- 1. Evidence — Letter—Telegrams—Contract.—An offer of goods at a certain price by cipher telegram, acceptance by wire, confirmation by wire without reference to a letter explaining terms of the contract, make up a complete contract without the letter, and it cannot be considered in determining the nature of the contract. 2. Letter — Issues—Jury.—If the addressee of a letter testify he did not receive it, this, with the presumption that a letter deposited in the United States postoifice, properly addressed, postage prepaid, reaches its destination, was properly submitted to the jury on the issue whether the addressee received the letter.