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Tannock v. New Jersey Bell Telephone Co.

Decided: January 28, 1988.

JOHN TANNOCK, T/A JOHN TANNOCK STUDIOS, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
NEW JERSEY BELL TELEPHONE COMPANY, DEFENDANT-RESPONDENT AND CROSS-APPELLANT



On appeal from Superior Court of New Jersey, Law Division, Camden County, whose opinion on liability is reported at 212 N.J. Super. 506 (Law Div. 1986).

J. H. Coleman and Havey.

Per Curiam

Plaintiff, an aerial photographer, instituted this action against defendant for consequential damages arising out of defendant's breach of an advertisement contract. In an opinion published at 212 N.J. Super. 506 (Law Div.1986) summary judgment was granted to plaintiff on the issue of liability. At the conclusion of plaintiff's evidence in a jury trial on the issue of damages, the trial judge ruled that plaintiff had failed to establish a prima facie case. Final judgment was entered dismissing the complaint. Plaintiff has appealed and defendant has cross-appealed.

The facts essential to our decision are not in dispute. In February 1983 plaintiff contracted with defendant to run an advertisement in the yellow pages of the telephone directories circulated in Camden and Burlington Counties. The advertisement was to be listed under the heading "Photographers -- Aerial." The advertisement in both directories was to read:

JOHN TANNOCK PHOTOGRAPHY

F.A.A. Licensed - P.P. of A. Certified

400 State Hwy. No. 38

MplShd 482-1022

The advertisement was listed incorrectly in both directories:

Burlington Directory

JOHN TANNOCK PHOTOGRAPHY

F.A.A. Licenses - P.P. of A. Certified

400 State Hwy. No. 38

MplShd 482-1022 ...


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