Grapette Company v. Grapette Bottling Company

STONE, Judge.. In this jury-waived action at law, defendants appeal from a judgment of $5,753.58 entered on a note dated December 9, 1950. Admitting execution and' delivery of ,the note, defendants complain because the trial court refused to credit on the note $2,503.32 held by plaintiff in a so-called “point of purchase advertising account” (hereinafter sometimes referred to as the advertising account) .

By a written “Bottlers License Agreement” dated July 1, 1947 (hereinafter referred to as the license agreement), plaintiff herein, The Grapette Company, an Arkansas corporation with its…