Janicke v. Washington Mutual Telephone Co.

Citations

• 96 Kan. 309
• 150 P. 633
• 1915 Kan. LEXIS 373

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Contract — Between Two Telephone Systems — Monopoly of Local Service by One Not Inconsistent with Public Policy. A contract between the plaintiff and the defendant, proprietors of two telephone systems serving different constituencies, and the city in which the central offices of the two systems are located, permitting the defendant to use the streets of the city on certain conditions, providing for free exchange between the patrons of the two systems, and providing that the defendant shall not install local telephones during the life of the plaintiff’s franchise, examined and held to be consistent with public policy.</p> <p>2. Same — Right of Rescission for Mutual Mistake of Law — Not Sustained. Held further, that a claimed right on the part of the defendant to rescind the contract because of an admitted mutual mistake of law regarding the authority of the city council to exclude the defendant from using the streets of the city was not sustained.</p>