The Law of Contracts

Cover The Law of Contracts
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One would suppose that any contract with the defendant company was made by the sender in North Carolina, and that he alone was bound by the exemptions. But the New York Court took the peculiar view that the sender acted as agent for the plaintiffs in sending the message, and as such agent made the contract on behalf of the plaintiffs, who were thus bound by the limitations on the telegraph blank.
Upon this ground the Court held that plaintiffs could not recover.
The Court of Appeals evidently b
...elieved that the" tele- graph company was not guilty of negligence, but as they were concluded by the findings of fact below, could not base their decision on that ground, and therefore invented this 1 35 Pa. St. 298.
* Halstead v. Postal Telegraph Cable Co., 193 N. Y. 293.
60 THE LAW OF CONTRACTS elaborate fiction. The decision may commend itself on the ground of ingenuity, but hardly as being sound.
§ 26. The Doctrine of Estoppel in its Application to the Formation and Performance of Contract It is generally believed that estoppel plays little or no part in the formation of contract.


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