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Ayer v. Western Union Telegraph Co.

Maine Supreme Judicial Court

10 A. 495 (1887)

Relevant factsFree

Ayer (plaintiff), a Maine lumber dealer, sent a telegraph offer through Western Union (defendant) to sell laths at "two ten net cash" to a Philadelphia buyer. Western Union garbled the message, transmitting a lower price of "two net cash," which the buyer accepted. Ayer discovered the error but still delivered the laths at the lower price and then sued Western Union for the difference between what he received and the market price.

IssueFree

Whether the party who chose the method of transmitting an offer is liable for a transmission mistake that misstates the offer.

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