GAS HOUSE, INC. v. SOUTHERN BELL TEL. & TEL. CO.

No. 74.

221 S.E.2d 499 (1976)

289 N.C. 175

The GAS HOUSE, INCORPORATED v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY.

Supreme Court of North Carolina.

January 29, 1976.


Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis & James by Charles A. Lloyd, Greensboro, for plaintiff.

Brooks, Pierce, McLendon, Humphrey & Leonard by C. T. Leonard, Jr., and Edward C. Winslow, III, Greensboro, for defendant.


LAKE, Justice.

Two questions are presented for our consideration: (1) Upon this record is there a genuine issue of fact as to whether the Limitation of Liability Clause is part of the contract between the parties? (2) If such clause is part of such contract, is it contrary to public policy or so unreasonable as to make it invalid?

The plaintiff's application, accepted by the defendant, expressly states on its face that it is "under the terms and conditions...

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