Tate v. Mountain States Telephone & Telegraph Co.

ROONEY, Justice.

Appellants-plaintiffs’ complaint in this case sets forth two claims for relief; one founded on negligence and one founded on breach of contract, both of which resulted from the same incident. Appellants and appellee-defendant entered into an agreement whereby appellee agreed to furnish and install a “call director” and a private branch exchange service (hereinafter referred to as PBX) at appellants’ business location for use in operation of an answering service. Appellants contend that the delay in the installation of the PBX damaged them in the amount of $30,000.00. In its…