From our private database of 13,000+ case briefs...
Ayer v. Western Union Telegraph Co.
Maine Supreme Judicial Court
10 A. 495 (1887)
Ayer (plaintiff) is a lumber dealer in Bangor, Maine. Western Union Telegraph Co. (Western Union) (defendant) transmits telegraphs between Bangor and Philadelphia, Pennsylvania, among other locations. Ayer wanted to sell laths to another merchant in Philadelphia. Ayer delivered a message to Western Union to be sent via telegraph to Ayer’s contact in Philadelphia. Ayer’s message offered to sell laths at a price of “two ten net cash.” Western Union mistakenly sent a message to Philadelphia stating that Ayer would sell laths at a price of “two net cash.” The Philadelphia contact accepted Ayer’s offer. Ayer later discovered the mistake, but still sent the laths to Philadelphia at a price of “two net cash.” Ayer brought suit against Western Union for the difference between the price received and the market price of the laths. Western Union argued that it was only liable for the price Ayer paid for the telegram.
Rule of Law
Holding and Reasoning (Emery, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 129,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 177 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.