Smith v. Waite

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiff from summary judgment that plaintiff take nothing in a suit for breach of contract based on a written franchise agreement.

The record on summary judgment reflects that plaintiff Smith operates “Smitty’s Pancake House” in Seattle, Washington, and entered into a franchise agreement with defendant Waite whereby plaintiff granted defendant the right to operate in Waco as “Smitty’s Pancake House.” Such agreement prescribed the design and fixtures of the operation; provided Waite should use ingredients as specified by Smith’s formula; and…