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Contracts Keyed to Fuller
Wired Music, Inc. v. Clark
Citation:
26 Ill. App. 2d 413, 168 N.E.2d 736 (1960)Facts
Wired Music, Inc. distributed recorded music to various locations in Rockford using telephone company wires. D.M. Clark contracted for this service at a rate of $24.30 per month (comprising an $8.75 line charge and $15.55 profit to the plaintiff) for a three-year term. The contract included a $7.50 connection charge and stipulated that there could be no assignment without Plaintiff’s written consent. After 17 months of service, Clark moved his business and discontinued the service. The new tenant at Clark’s former location requested to take over Clark’s contract but was refused. Instead, the new tenant entered into a new one-year contract at a 5% higher rate due to the shorter term. Clark argued that Wired Music suffered no damages since they were receiving more revenue from the new tenant than they would have from Clark.
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