GRAPETTE COMPANY v. GRAPETTE BOTTLING COMPANY

No. 7383.

286 S.W.2d 34 (1956)

The GRAPETTE COMPANY, a corporation, Plaintiff-Respondent, v. GRAPETTE BOTTLING COMPANY, a corporation, J. M. Johnston and Nelle J. Johnston, Defendants-Appellants.

Springfield Court of Appeals. Missouri.

January 11, 1956.


Attorney(s) appearing for the Case

Neale, Newman, Bradshaw, Freeman & Neale, F. B. Freeman, Donald J. Hoy, Springfield, for defendants-appellants.

Warren M. Turner, Louren G. Davidson, Howard C. Potter, Springfield, for plaintiff-respondent.


STONE, Judge.

In this jury-waived action at law, defendants appeal from a judgment of $5,753.58 entered on a note dated December 9, 1950. Admitting execution and delivery of the note, defendants complain because the trial court refused to credit on the note $2,503.32 held by plaintiff in a so-called "point of purchase advertising account" (hereinafter sometimes referred to as the advertising account).

By a written "Bottlers License Agreement" dated July 1...

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