149 Iowa 100 | Iowa | 1910
On May 8, 1908, at Hermosa, S. D., L. H. Baumann purchased one hundred and seventy-six cattle of plaintiff at the agreed price of $9,328, and in payment thereof handed him a draft on Bice Bros, for $9,500. Plaintiff gave his check for the difference; but this has
In response to this, defendants answered: “Sioux City, Iowa, May 8, 1908. Pennington County Bank, Rapid City, S. D. Will honor draft for amount of cattle on arrival of cattle. Rice Bros.” The contents of these telegrams were communicated by the bank to plaintiff, and the evidence was such that the jury might have found that in reliance thereon he delivered the cattle to Baumann. As bearing somewhat on the understanding of the parties, it may be added that on the following day plaintiff caused to be transmitted to defendants this telegram: “Hermosa, S. D., May 9, 1908. Rice Bros., Sioux City, la. Will you honor Baumann’s draft for purchase price of cattle shipped you ? Answer once. Ed. Stenger.” ' To this response was made on the following day; but it did not reach plaintiff until the morning after sent: “Sioux City, la., May 10, 1908. Ed. Stenger, Hermosa, S. D. Could not pay draft before cattle arrived. Rice Bros.”
Defendants were aware that Stenger’s telegram related to the draft mentioned in the bank’s telegram. On May 11, 1908, plaintiff telegraphed the brand inspector at Sioux City not to release cattle until the draft was paid; but
It will be observed that this instruction proceeds on the theory that the meaning of defendants’ telegram was uncertain and ambiguous, but omitted to submit to the jury whether defendants knew, or ought to have known, that the sendee or other person entitled to rely thereon would understand it to promise the honoring of a draft for the price Baumann had agreed to pay. That the language, “will honor draft for amount of cattle on arrival of cattle,” is ambiguous, there can be no doubt. The firm
Because of.the error iñ not submitting such issue to the jury, the judgment is reversed.