Grover

Thisis an appeal from a judgment in the defendant’s favor in an action on the part of the plaintiff to recover damages arising by reason of a delayed telegram. The case was presented at the trial and on appeal upon an agreed statement of facts, which may be briefly summarized as follows: During the month of September, 1915, the plaintiff and one Bergthold were the owners of a business at Fort Bragg, Mendocino County, California, known as “Fort Bragg Chronicle,” and a certain other property connected therewith, and were negotiating a sale of said business and property to one M. J. Beaumont for the sum of two thousand six hundred dollars. These negotiations had progressed to the extent that said Beaumont had written a letter, dated September 24, 1915, addressed to the plaintiff, offering the sum of two thousand six hundred dollars for said property and business. This letter was written from San Francisco; California, and closed with this sentence: “Advise me by return mail your decision.” This letter was received by the said plaintiff at Fort Bragg on September 25, 1915, in the regular course of the mail. On September 26, 1915, the plaintiff telephoned to the defendant at its Fort…