Ogden Food Service Corp. v. Lee Roy Mitchell, Texas Cinema Corp.

GODBOLD, Circuit Judge:

Appellant Mitchell owns and operates movie theatres throughout Texas. Appellee Ogden is a national supplier of concession merchandise to theatres. After prolonged negotiation an agreement was reached whereby Mitchell would sell in his theatres merchandise supplied by Ogden and Ogden would provide concession services and lend Mitchell money for renovation and for construction of new theatres! The loans were conditioned on Mitchell’s furnishing satisfactory appraisals and collateral. Ogden asserted that Mitchell never furnished satisfactory appraisals and collateral, and…