Trimble v. Ameritech Publishing, Inc.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

In this case, a business owner wanted to advertise in Ameritech’s “Yellow Pages.” Ameritech agreed but failed to run the ad. At issue is whether the clause in their contract limiting Ameritech’s liability to the purchase price of the ad is valid and enforceable. Court of Appeals’ decisions differ on this issue and we granted transfer to resolve the conflict.

Background

On August 24, 1994, an Ameritech advertising sales representative met with Gary Trimble to execute a written Advertising Order for Trimble’s business advertisement in the 1994-95 PAGESPLUS…