(DOWNLOAD) "Cody Community Television Corp. v. Way" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: Cody Community Television Corp. v. Way
- Author : Supreme Court of Wyoming
- Release Date : January 15, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
About October 1, 1955, the defendant and appellant herein, the Cody Community Television Corporation, commenced to operate a station for receiving television signals, the station being located a short distance from Cody, the signals emanating from Billings, Montana, and the system at that time having only one channel. On December 7, 1955, defendant entered into an agreement with Richard Way, the plaintiff and appellee herein, in reference to making the systems operation available to the plaintiff. The main provisions of the contract will be mentioned hereafter. Subsequently in 1957 the appellant desired to construct an additional station on Carter Mountain near Cody to create another channel for the purpose of receiving television signals. It sent a letter to its customers asking whether or not the latter would be willing to pay $6 a month rental instead of $5 a month rental if the defendant should make an additional channel available to its customers. Most of the customers agreed to the increased rental. A few, including the plaintiff, refused to do so and have never paid any additional rental but have always paid the $5 mentioned in the contract hereafter set out. The additional channel has since that time been created and, as we understand it, is in operation at this time. When the plaintiff Way refused to pay the additional charge the appellant placed a filter on his line which eliminated all channels except the original one. Thereupon the plaintiff and appellee instituted this action on May 5, 1959, alleging irreparable damages and that the action of the plaintiff was deliberate and malicious. Exemplary damages were asked. Defendant answered, denying that it acted maliciously and deliberately and alleging that its action was pursuant to the contract entered into between the parties. At the final hearing herein the court entered an order granting an injunction and prohibiting the appellant from installing and maintaining a filter or other device to prevent the plaintiff from receiving the services from the defendant which he was receiving prior to May 1, 1959, for so long as the contract dated December 1955 between the parties should be in effect. The court further entered judgment against the appellant for $40 and the costs of the action but refused to allow exemplary damages. From that judgment appellant has appealed to this court: