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O'NEAL v. TOTAL CAR FRANCHISING CORP.

No. 44,793-CA.

27 So.3d 317 (2009)

Ruben M. O'NEAL, III and Mastermatch, Inc., Plaintiffs-Appellants, v. TOTAL CAR FRANCHISING CORPORATION, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

December 16, 2009.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by Bernard Slattery Johnson, Shreveport, for Appellants.

Blanchard, Walker, O'Quinn & Roberts by M. Thomas Arceneaux, Shreveport, for Appellee.

Before BROWN, GASKINS, DREW, MOORE, and LOLLEY, JJ.

BROWN, Chief Judge.

Plaintiff, Ruben O'Neal, entered into a Limited Rights Franchise Agreement with defendant, Total Car Franchising Corporation ("Total Car" which is "Colors on Parade"), a mobile automobile painting business whose home office is in Myrtle Beach, South Carolina. The agreement, which was prepared by Total Car, required plaintiff to pay $500 up front plus 40% of the franchise's gross income. Furthermore, plaintiff had to buy a van and send it to South...

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