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WXIX, Inc. v. Scott Heating & Air Conditioning Co.

Citations: 38 Wis. 2d 278; 156 N.W.2d 451; 1968 Wisc. LEXIS 893

Court: Wisconsin Supreme Court; February 27, 1968; Wisconsin; State Supreme Court

Narrative Opinion Summary

This case involves a dispute over damages arising from the breach of a television advertising contract. The defendant challenged the trial court's determination of damages owed to the plaintiff, a television station, contending that the damages should be calculated based on a short-rate basis as per a nearly illegible rate card. The court examined whether the contract's termination clause, printed in small type and inadequately highlighted, could effectively govern the damages calculation. Finding the clause legally insufficient, the court held that the vague and multifaceted nature of the rate card introduced ambiguity, complicating the damages determination. The trial court's interpretation, which inflated the defendant's financial obligation, was deemed unreasonable. The court modified the trial court's ruling, reducing the plaintiff's recovery to $932, which included $77 in production costs, and remanded the case for further proceedings. The court's decision was informed by precedent on contract interpretation and enforceability, ultimately emphasizing the need for clarity in contract terms to ensure enforceability.

Legal Issues Addressed

Calculation of Damages

Application: The court ultimately concluded that the defendant was liable for a reduced amount due to the ambiguous pricing structure of the contract, thus modifying the trial court's ruling.

Reasoning: Ultimately, the court concluded that the contract's ambiguity regarding the pricing structure rendered the printed conditions unenforceable, defaulting to the original contract terms.

Contract Interpretation and Ambiguity

Application: The court found that the ambiguity in the rate card's dimensions and layout led to multiple interpretations, which complicated the determination of damages owed by the defendant.

Reasoning: The court notes that the vague and multifaceted nature of the rate card adds complexity to the situation. The card's dimensions and confusing layout, which features various program lengths and rates, have led to multiple interpretations.

Enforceability of Contract Terms

Application: The court determined that the termination clause printed in small, difficult-to-read type and not adequately highlighted was legally ineffective, thereby impacting the calculation of damages.

Reasoning: The trial court's finding regarding the contract's termination clause is viewed as legally erroneous, as it lacks clarity and emphasis.

Standard Practice in Advertising Contracts

Application: The court acknowledged the standard industry practice of using a short-rate device for calculating damages upon early contract termination, but found it inapplicable due to the contract's lack of clarity.

Reasoning: The court acknowledges the industry's standard practice of using a short-rate device for calculating damages due to early contract termination.