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WILLE v. SOUTHWESTERN BELL TEL. CO.

No. 47,986

219 Kan. 755 (1976)

549 P.2d 903

FRANK WILLE d/b/a FRANK WILLE COMPANY and FRANK WILLE'S COLEMAN COMFORT CENTER, Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

Charles E. Cole, Jr., of Foulston, Siefkin, Powers and Eberhardt, of Wichita, argued the cause, and Robert C. Foulston of the same firm was with him on the brief for the appellant.

Durward D. Dupre, of Topeka, argued the cause, and T. Larry Barnes and Robert A. Lewis, both of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This appeal presents the question whether an advertiser can recover damages for negligence or breach of contract from a telephone company for an omission in the yellow pages of a telephone directory when the contract entered into by the parties limits the company's liability for errors and omissions to an amount equal to the cost of the advertisement. The trial court granted summary judgment for the telephone...

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