Bell Telephone Co. v. Philadelphia Warwick Co.

Opinion by

Mr. Justice Horace Stern,

The denial by the court below of jurisdiction over the subject-matter of this action springs from a not un common confusion between the question of jurisdiction and that of the plaintiff’s right to recover.

Plaintiff, The Bell Telephone Company of Pennsylvania, on June 19, 1942, entered into a written agreement with defendant, Philadelphia Warwick Company, which operates the Warwick Hotel in Philadelphia. The contract provided for the installation by plaintiff on defendant’s premises of a semi-public branch exchange system consisting of a switchboard and…