Union Livestock Yards, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

OPINION

ROSS W. DYER, Special Judge.

In this opinion Union Livestock Yards, Inc. will be referred to as Appellant; Merrill Lynch, Pierce, Fenner and Smith, Inc. and Paine, Webber, Jackson & Curtis, Inc. as Appellees; and Cas and Virginia Walker as the Walkers.

Appellant appeals from a judgment entered against it by grant of motion for summary judgment by the Appellees and the Walkers.

On January 1, 1974, the Walkers entered into a written agreement with one Lambert, whereby the Walkers agreed to pay Lambert a portion of certain continuing royalty payments arising from the use of a rock quarry in…