CLARK ADVERTISING AGENCY, INC. v. TICE

No. 73-1244.

490 F.2d 834 (1974)

CLARK ADVERTISING AGENCY, INC., Plaintiff-Appellee, v. James TICE, Defendant, American Hot Rod Association, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 8, 1974.


Attorney(s) appearing for the Case

Hugh Russell, Robert R. Sanders, Amarillo, Tex., Bernard L. Balkin, Kansas City, Mo., for defendant-appellant.

Jerry F. Lyons, Amarillo, Tex., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.


THORNBERRY, Circuit Judge.

In this diversity action, Clark Advertising Agency sued the American Hot Rod Association (A.H.R.A.) and its president, James Tice, for payment under a contract for advertising and promotional services. Defendant Tice's motion for a directed verdict was granted, but the jury returned a verdict against A.H.R.A. for both contractual services and attorney's fees. A.H.R.A. attacks the admission of evidence as to contract terms negotiated between...

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