BEXAR COUNTY ICE v. SWENSEN'S ICE CREAM

No. 04-92-00354-CV.

859 S.W.2d 402 (1993)

BEXAR COUNTY ICE CREAM COMPANY, INC. and Ann Cook McCullick, Independent Executrix of the Estate of James H. McCullick, Deceased, Appellants, v. SWENSEN'S ICE CREAM COMPANY, Swensen's Ice Cream Company of Texas, and Swensen's Advertising Association, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied July 14, 1993.


Attorney(s) appearing for the Case

Leonard J. Gittinger, Jr., L. John Gittinger, III, Gittinger & Gittinger, San Antonio, for appellants.

Mary McDougle Devine, Brock & Person, P.C., San Antonio, for appellees.

Before CARR, GARCIA and PRESTON H. DIAL, JJ.


OPINION

DIAL, Justice, Assigned.

This appeal is from a suit for money due under four (4) franchise contracts.

The plaintiffs were Swensen's Ice Cream Company and two subsidiaries, Swensen's of Texas and Swensen's Advertising Association. The defendants were the franchisee Bexar County Ice Cream Company and guarantors W.J. Sheppard3 and James McCullick. McCullick died before trial, and his estate became a defendant. The...

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