Allen v. Bissinger & Co

62 Utah 226, 219 P. 539 (1923)

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Nature of the Case

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Facts

P sent a letter of solicitation to D and others regarding matters before the Interstate Commerce Commission. P was the official reporter for the ICC. D responded to the solicitation by letter asking for a copy of the report to be sent to them. P acknowledged receipt of the order for one copy of the official report in Consolidated Case No. 10204. P prepared an official report of the hearings up to August 17^th and shipped them to D on September 13, 1918. D prepared further copies of the hearings and shipped those on October 5, 1918. D then wrote P on October 10, canceling the order as D did not expect to get a “full library.” P responded on the 15^th stating that he could only accept the cancellation up until the end of hearings on the 27^th as a copy of the report had been made up and until that time. P then prepared and shipped the balance of the report on November 4^th and November 13^th of the hearings up until September 27^th. This was a total of 8,380 pages at 12.5 cents per page or $1047.50. P refused to pay. P sued D and won. D appealed.