76 Tex. 253 | Tex. | 1890
delivered to appellant the following message, to be transmitted over its wires:
“Merkel, Texas, October 31, 1886.
“To J. C. Ratcliff, Columbus, Texas, care of Simpson & Crebbs:
“Meet me in Columbus Saturday night.
[Signed] . “Frank M. Smith.”
Plaintiff in his amended petition charges that he is a merchant, a banker, and the treasurer of Jones County, Texas; that on the 31st day of October, 1886, he was at Merkel, and having important business with said Ratcliff, who resided in Colorado County, and being then on his way to said county to have a personal interview with him, and being pressed for time because he had other important engagements to meet, and the nature of his business at home demanding his speedy return, he sent the above dispatch, and paid fifty cents for transmitting it; that when he delivered the message “he informed defendant's agent that the message was important, and of the circumstances making necessary its speedy transmission and delivery;" that plaintiff proceeded on his journey, and on his arrival at Columbus he failed to find said Ratcliff, and on inquiry he found that the message had not been delivered to Simpson & Crebbs, although they had an office in said city, which was well known to defendant's agent there; that at the date of said message Simpson & Crebbs were transact
The defendant filed a general demurrer to the petition.
We think the court erred in not sustaining the demurrer. As appellee requests us to finally dispose of the case, the judgment is reversed and the cause is dismissed.
Reversed and dismissed.
Delivered February 18, 1890.