Andersen v. Waco Scaffold & Equipment Co.

McAllister, j.

This is an action at law in which plaintiff sought to recover rentals for various items of construction equipment. The trial court heard the case without a jury and entered judgment for defendant. Plaintiff appeals.

On January 15, 1964, plaintiff and defendant entered a written agreement in which defendant was granted an “exclusive franchise” to sell or rent to others certain scaffolding equipment owned by plaintiff. ① The agreement provided that defendant was to receive as commission fifty percent of the rentals realized. The agreement further provided that it would be…