BC Tire Corp. v. GTE Directories Corp.

730 P.2d 726 (1986)

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BC Tire Corp. v. GTE Directories Corp.

Court of Appeals of Washington
730 P.2d 726 (1986)

  • Written by Mary Pfotenhauer, JD

Facts

BC Tire Corporation (BC Tire) (plaintiff) requested that GTE Directories Corporation (GTE) (defendant) publish an advertisement in the local phonebook and agreed to pay a monthly advertising fee. BC Tire completed and signed a GTE application form, which stated that publication of the advertisement would constitute acceptance of the application and that otherwise the application was not binding on the parties. The application also contained an exclusionary clause, stating that GTE would not be liable to BC Tire for damages resulting from a failure to publish an advertisement. GTE failed to include BC Tire’s advertisement in the phonebook. BC Tire sued GTE for breach of contract. GTE requested summary judgment on the grounds that there was no contract between the parties, and, if there was a contract, GTE’s liability was limited by the exclusionary clause. The trial court granted summary judgment for GTE and dismissed the action. BC Tire appealed.

Rule of Law

Issue

Holding and Reasoning (Pekelis, J.)

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