ALLEN v. MICH. BELL TELEPHONE CO.

Docket No. 3,500.

18 Mich. App. 632 (1969)

171 N.W.2d 689

ALLEN v. MICHIGAN BELL TELEPHONE COMPANY

Michigan Court of Appeals.

Rehearing denied October 14, 1969.

Application for leave to appeal filed October 31, 1969.


Attorney(s) appearing for the Case

Andrew J. Transue, for plaintiff.

Gault, Davison & Bowers, for defendant.

Before: QUINN, P.J., and T.G. KAVANAGH and LEVIN, JJ.


T.G. KAVANAGH, J.

Plaintiff, an insurance agent, contracted to place several advertisements in the Flint classified telephone directory. The defendant, Michigan Bell Telephone Company, accepted the order and agreed to publish the listings in its 1963 Yellow Pages — but failed to do so. Upon plaintiff's suit for damages, the defendant Bell Telephone asserted the following clause of their contract as an affirmative defense:

"Telephone company (a) will...

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