Elray, Inc. v. Cathodic Protection Service

TUNKS, Chief Justice.

The issue in this case is whether a certain agreement is in violation of the Texas anti-trust statute, Tex.Bus. & Comm.Code Ann. sec. 15.01 et seq., V.T.C.A. (1968), and therefore void and unenforcible. The plaintiff, Elray, Inc., brought suit against Cathodic Protection Service for breach of a letter agreement and a purchase order. The trial court granted summary judgment for the defendant, Cathodic, and Elray has appealed.

The letter agreement between the parties, dated July 3, 1969, read as follows:

This will constitute a letter-agreement between our two firms regarding…