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Unless It Shows Damage Will Follow Delay Damages Can not Be Collected. Because a telegram did not, in it self, convey the information that the acts which it directed another to do would cause damage if not done, the appellate court, in a decision in the cause of the Western Union Telegraph company vs. A. G. Farrington, on ap peal from DeWitt, held that the send er was not entitled to recover dam ages for late delivery. The facts were these: A. G. Farrington had 100 head of cattle at Harlingen to be shipped to La Ward. An agreement existed where by Farrington was to send a telegram to Light Townsend at Louise, where upon Townsend was to proceed to La Ward. The telegram was sent, but its wording conveyed no intimation that injury would follow its non-delivery promptly. In the trial court, however, Farrington secured $160 damages. In the higher court the case is remand ed for a new trial. Didn't Bore the Wells. Upholding the contention that no matter whether or not a man is a resident of the county he is bound by a contract to pay money at a cer tain place in the event of failure to comply with contract, the appellate court today affirmed the case of C. L. Witherspoon vs. John T. Duncan from Fayette county. Witherspoon agreed with C. T. Zapp to sink four wells on land owned by Zapp, agreeing to forfeit $500 if he failed to do so. He dug but one well. In the lower court he made a plea of special privilege, alleging he was a non-resident of Fayette county. The contract between the men, however, was proved up as having been drawn and signed in Fayette county and the lower court awarded Zapp the forfeit of $500. Zapp later transferred to Duncan, which accounts for his ap pearance in the case. Decisions Handed Down, Affirmed—tTexas New Orleans railway vs. H. Faulkner, from Har ris; C. L. Witherspoon vs. John T. Duncan, from Fayette; Houston, East West Texas railway vs. Ora K. Boone, from Harris; W. ©. Corbett vs. J. D. McGregor et al., from Harris. Reversed and remanded-——Western Union Telegraph company vs. A. G. Farrington, from DeWitt. Reversed and rendered -~ Steve Reyes et al. vs. Ann Escalera, from DeWitt.
Newspaper Details
San Antonio Light and Gazette
San Antonio, Texas, US
Wed, Oct 19, 1910
Page 7
Full Page
Clipped by
Anonymous
USA 04 May 2026
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