PER CURIAM.
Defendant, Lum's, Inc., appeals from a summary judgment for plaintiff, Farish, in an action which he brought to rescind a franchise agreement and for return of a five thousand dollar deposit.
The critical issue below was whether Farish or Lum's was responsible for acquiring a site for a restaurant location in Austin, Texas. The written contract (franchise) between the parties provided that "site selection" for the restaurant was the responsibility...
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