E. F. Prichard Co., Inc. v. Heidelberg Brewing Co.

Opinion op the Court by

Van Sant, Commissioner

Reversing.

Under Section 639a—1 to a —12, inclusive, Civil Code of Practice, appellee brought this action against appellant for a declaration of the rights of the respective parties under a contract entered into by them on the tenth day of September, 1942. The contract, in so far as pertinent to the questions involved in this action, provides that appellee shall brew and complete for the market “an ale or malt beverage according to the formula under which the party of the second part (Heidelberg Company) has in the past and is now brewing,…