Adams v. Northwestern Telephone Exchange Co.
South Dakota Supreme Court
Appeal from 'Circuit 'Court, Minnehaha County. Hon JOHN T. MedtN, Judge. Action by George E. Adams, against the Northwestern Telephone Exchange System-, a corporation, to enjoin defendant from cutting off plaintiff’s telephone service and to have a certain rental contract declared in full force and effect. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Appellant cited to point that rental is not fixing of a “rate;” Dakota Cent.
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Appeal from 'Circuit 'Court, Minnehaha County. Hon JOHN T. MedtN, Judge. Action by George E. Adams, against the Northwestern Telephone Exchange System-, a corporation, to enjoin defendant from cutting off plaintiff’s telephone service and to have a certain rental contract declared in full force and effect. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Appellant cited to point that rental is not fixing of a “rate;” Dakota Cent. Telephone Co. v. So. 'Dakota, U. S. S. C. L. Ed. Book 63, 923. To point that federal control does not include this telephone…
1Opinion of the Court
WHITING, T-
Plaintiff sues to enjoin defendant from “cutting off plaintiff’s telephone service,” and to have a certain contract “declared in full force and effect and binding on all of the parties thereto.” Trial was had to the court, which entered findings, conclusions, and a judgment in favor of defendant. From the judgment and from an order denying a new trial this appeal was taken.
In 1912 the parties hereto entered into a written contract, under which defendant was to, and did, install in plaintiff’s hotel a private branch telephone exchange with trunk line facilities connecting such…
2Cases cited1 opinion
- United States Railroad Administration v. BurchDistrict Court, E.D. South Carolina · 1918
3Cited by2 opinions
- At & T Information Systems v. South Dakota State Board of EqualizationSouth Dakota Supreme Court · 1987
- Goodrich v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1924