Logourl black

Wille v. Southwestern Bell Telephone Co.

Kansas Supreme Court
549 P.2d 903 (1976)


Facts

For 13 years prior to 1974, Wille (plaintiff) had advertised his business in the yellow pages maintained by Southwestern Bell Telephone Co. (Bell) (defendant). In early 1974, a sales representative for Bell discussed with Wille the listings to be published in July of that year. Wille received a contract for those listings. On the front of the one-page contract, in two separate places, attention was directed to the terms and conditions located on the back of the contract. The terms and conditions included an exculpatory clause. The clause provided that, in the event of incorrect or missing information, Bell would not be liable for any amount beyond what was paid for the incorrect or missing listing. When the listings were published in July, Wille discovered that the listings were incorrect and much of the information was missing. Wille was not billed for and did not pay for the listings that were incorrect or entirely missing. Wille decided to advertise through alternative avenues, incurring expenses for doing so.  Wille filed suit, seeking lost profits and expenses incurred for the alternative advertising. Bell moved for summary judgment due to the exculpatory clause. The trial court granted the motion. Wille appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Harman, Commissioner)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 73,000 law students rely 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.
  • 10,442 briefs - keyed to 137 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.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now