Yellow Book Sales and Distribution Company, Inc. v. DBA (2010)

MEMORANDUM OF DECISION

The plaintiff is seeking payment for advertising requested by the defendant, doing business as Unlimited Construction, in a telephone directory known as Yellow Book, for the period of July 2004 to June 2006.

Defendant made payments from August 2004 to April 2005 totaling $3,728.00 on the total order amount of $11,400.00.

A dispute arose as to the correct telephone number listed for one of the ads and the proper category as to a listing so that the defendant claimed that the ads for the second year (05-06) were misleading to potential customers.   The court is satisfied that the defendant's claim has some validity.

As a result of that finding, the plaintiff's claims require a downward adjustment.   The balance due on the 05-06 directory because of the inaccuracies contained therein is determined to be $2,940.00.

The requested attorneys fee is reduced § o $1,000.00.

Based on plaintiff's failure to properly meet its obligation under the contract, the interest rate of the balance is reduced to 10% with interest starting July 1, 2006.

Based on the foregoing, judgment may enter in favor of the plaintiff in the amount of $4,272.00 plus interest at 10% from July 1, 2006 together with an attorneys fee of $1,000.00 plus costs.

STODOLINK, J.T.R.

Stodolink, Edward F., J.T.R.