City of Hot Springs Advertising v. Cole

Robert L. Brown, Justice.

In May of 1992, the City of Hot Springs Advertising and Promotion Commission entered into a written contract entitled “Combined Contract for Food and Beverage Services for Mid-American Museum and Hot Springs Convention Auditorium” with Daryn Cole d/b/a Cole Catering. Cole was to provide food and beverages for the Commission’s sanctioned events. The Commission purportedly was to receive a commission on those sales from Cole as well-as revenues generated by the hotel and restaurant tax. On December 18, 1992, Cole allegedly decided to withdraw from the contract. On…