Brillhardt v. Ben Tipp, Inc.

In August, 1951, the defendant, Ben Tipp, Inc., began to use a new supply of one thousand twenty sales books, each containing fifty sets of sales slips in triplicate, upon which the telephone number of plaintiff Brillhardt’s place of business had been printed by mistake. After the defendant started using the sales books, frequent calls for the defendant’s store came to the plaintiff’s business office.

Plaintiff discovered the mistake when one of the callers insisted that the number called was on the defendant’s sales slip. The plaintiff promptly called the defendant corporation and complained…