Bell Tel. Co. v. DeLanney
In Bell Tel. Co. v. DeLanney, 809 S.W.2d 493 (Tex. 1991), Bell contracted to publish DeLanney's advertisemennt in the Yellow Pages.
When it failed to do so, DeLanney sued Southwestern Bell for negligence. DeLanney, 809 S.W.2d at 493-94. A jury found in favor of DeLanney on his negligence claim. Id.
The Texas Supreme Court disagreed, concluding that because Southwestern Bell had breached a duty created by a contract, rather than a duty imposed by law, the claim sounded only in contract. Id. at 494-95.