Ayer v. Western Union Telegraph Co.

10 A. 495 (1887)

Facts

Ayer (P) contracted with Western Union (D) to deliver a message for the sale of laths. D delivered the message but typed the price wrong and instead of two ten per M the message stated two per M. This was eventually discovered by the parties involved in the sale, but the buyer insisted that he get the product at the lower price. P shipped the units at the lower price. P sued D for the difference. D contended that it was at fault for the error but was only liable for the cost of sending the telegram. P wanted the difference in price. D contended that P was not bound by the contract as there was an error in transmission.