State v. Kenosha Home Telephone Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kenosha county: W. R QuiNLAN, Judge. Action to recover a penalty under sec. 1791a, Stats. 1918, for failure to furnish plaintiff O’Donnell telephone service. October 27, 1906, O’Donnell entered into a written contract with the defendant wherein the latter agreed to furnish him telephone service at the rate of $2.50 per month payable in advance.
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Appeal from a judgment of tbe circuit court for Kenosha county: W. R QuiNLAN, Judge. Action to recover a penalty under sec. 1791a, Stats. 1918, for failure to furnish plaintiff O’Donnell telephone service. October 27, 1906, O’Donnell entered into a written contract with the defendant wherein the latter agreed to furnish him telephone service at the rate of $2.50 per month payable in advance. The term of service was to be until the last day of October, 1907, and thereafter until terminated by thirty days’ written notice by either party. The contract was silent as to the place of payment, and…
1Opinion of the CourtViNjs, J.
In view of the effect of the written contract entered into between the parties a number of questions argued in the briefs need not be considered. In addition to the provision in the body of the contract that it could not be varied except in writing signed by a contract agent or higher officer of the company, its first line reads: “This contract cannot be varied except as herein stated.” Provisions restricting the authority of agents or employees of a corporation to vary, or add by parol to, the terms of a written contract prepared by it for execution are reasonable and valid. The oral…
2Cases cited7 opinions
- Hale v. . PattonNew York Court of Appeals · 1875
- Galloway v. Standard Fire InsuranceWest Virginia Supreme Court · 1898
- Rushville Cooperative Telephone Co. v. IrvinIndiana Court of Appeals · 1901
- Moore v. DavidsonSupreme Court of Alabama · 1850
- Dockham v. SmithMassachusetts Supreme Judicial Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- State ex rel. Gurney Lumber Co. v. RisjordWisconsin Supreme Court · 1915
- Garner v. Arizona Egyptian Cotton Co.Arizona Supreme Court · 1921
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