National Automatic MacH. Co. v. Smith

Appellant, as vendor, sued appellee, as purchaser, for $660.68, as the balance due on certain written contract of sale of boxing amusement machines, known as “K. O. Fighters,” which contract was attached as a part of the petition. The trial court sustained appellee’s special exception to the petition, on the ground that the contract was in violation of the anti-trust laws of Texas, and dismissed the action upon appellant’s refusal to amend; hence this appeal.

The material portions of the contract read as follows:

‘Whereas vendor manufactures and sells a coin operated boxing amusement device…