New York Court of Appeals

John B. Trevor, Jr., and James B. Colgate, Appellants v. John Wood, George W. Wood and James Cullen, Respondents

March 5, 186736 N.Y. 307

Summary

The New York Court of Appeals held that a contract was formed when the appellants dispatched their acceptance by telegraph, even though the respondents did not learn of the acceptance until after an attempted revocation. The Court also held that the telegraphic acceptance satisfied the statute of frauds and that an agreement to use the telegraph did not create a warranty that the messages would be received.