Legal Opinion

Gas House, Inc. v. Southern Bell Telephone & Telegraph Co.

Supreme Court of North Carolina

Decided January 29, 1976No. 74PublishedCited by 61 opinions

1Opinion of the Court

LAKE, Justice.

Two questions are presented for our consideration: (1) Upon this record is there a genuine issue of fact as to whether the Limitation of Liability Clause is part of the contract between the parties? (2) If such clause is.part of such contract, is it contrary to public policy or so unreasonable as to make it invalid ?

The plaintiff’s application, accepted by the defendant, expressly states on its face that it is “under the terms and conditions on reverse side hereof.” On the reverse side of this single sheet of paper in small but legible type under the caption “Terms and…

2Cases cited19 opinions

  1. Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
  2. Allen v. Michigan Bell Telephone Co.Michigan Court of Appeals · 1969
  3. Williams v. . WilliamsSupreme Court of North Carolina · 1942
  4. Hazel B. McTighe v. New England Telephone and Telegraph CompanyCourt of Appeals for the Second Circuit · 1954
  5. Hamilton Employment Service, Inc. v. New York Telephone Co.New York Court of Appeals · 1930

14 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Wille v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1976
  2. Discount Fabric House of Racine, Inc. v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1984
  3. Behrend v. Bell Telephone Co.Superior Court of Pennsylvania · 1976
  4. Berjian v. Ohio Bell Telephone Co.Ohio Supreme Court · 1978
  5. McClure Engineering Associates, Inc. v. Reuben H. Donnelley Corp.Illinois Supreme Court · 1983

56 more not listed; retrieve them via the Exa API.

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