Livingston v. A. B. Dick Co.

The plaintiff alleges a contract for the insertion of his advertisement in the telephone directory and the listing of his name in the classified telephone directory; he also alleges the failure of the defendants to make such listing and that the defendants erroneously fisted the name of a competitor.

The defendants admit the contract, attach a copy to their answers, and admit the failure to fist the plaintiff in the classified telephone directory.

For the first separate defense, each defendant alleges that said contract contained a provision limiting the plaintiff’s damage to the amount of the…