Quimbee logo
DMCA.com Protection Status

Southwestern Bell Telephone Company v. DeLanney

809 S.W. 2d 493 (1991)

Case BriefQ&ARelatedOptions
From our private database of 22,300+ case briefs...

Southwestern Bell Telephone Company v. DeLanney

Supreme Court of Texas

809 S.W. 2d 493 (1991)

Facts

For several years, Eugene DeLanney (plaintiff) advertised his real-estate business in Southwestern Bell Telephone Company’s (Southwestern Bell) (defendant) Yellow Pages. DeLanney had two business phones: a rotary line and a single line. The Yellow Pages advertisement was connected to DeLanney’s single line. However, prior to renewing the Yellow Pages advertisement for the upcoming year, DeLanney’s wife asked Southwestern Bell to disconnect the single line. Consequently, Southwestern Bell cancelled DeLanney’s advertisement automatically when the single line was disconnected. After Southwestern Bell failed to include DeLanney’s Yellow Pages advertisement, DeLanney sued Southwestern Bell for negligence. After a jury trial, Southwestern Bell moved for a directed verdict. The trial court denied Southwestern Bell’s motion and submitted the case to the jury. The jury held for DeLanney and awarded him $109,000 in damages for lost profits and $40,000 for future lost profits. The trial court reduced the future lost-profits award to $21,480. Southwestern Bell appealed. The court of appeals affirmed and held that the company’s failure to perform under its contract with DeLanney was a basis for tort recovery, as well as recovery for breach of contract. The Supreme Court of Texas granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Phillips, J.)

Concurrence (Gonzalez, J.)

What to do next…

  1. 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 517,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. 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.

    Learn about our approachRead more about Quimbee

Here's why 517,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 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.

Questions and answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Access this case brief for FREE

With a 7-day free trial membership
Here's why 517,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 22,300 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership