New York Telephone Co. v. Treat

There is no proof of any contract whereby the plaintiff obligated itself, as part consideration for the $90, to insert its sub*1023scribers’ names in the telephone directory and distribute the same three times a year. Everything which it bound itself to do was merely incidental to transmitting messages, which, on the basis of $90 for 600, imports a charge of 15 cents for each. The complaint is dismissed.