PAYNE v. NTH STONE LEASING COMPANY

No. 4766.

435 S.W.2d 605 (1968)

P. A. PAYNE et al., Appellants, v. NTH STONE LEASING COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 9, 1969.


Attorney(s) appearing for the Case

Wm. Andress, Jr., Andress, Woodgate & Hartt, Dallas, for appellants.

Passman, Jones, Stewart & Andrews, Shannon Jones, Jr., Dallas, for appellee.


OPINION

WILSON, Justice.

Judgment for recovery of royalty in a contract action was rendered against defendant appellants on a jury verdict. We affirm.

Defendants attack the judgment on the grounds (1) there was no pleading asking for recovery of the royalties for which judgment was rendered, and (2) the contract was cancelled during a contract year and minimum royalty was not recoverable thereafter.

The contract gave defendants a franchise...

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